Category Archives: canadian politics

Lessons from fashion's free culture: Johanna Blakley on TED.com

This TEDx talk by Johanna Blakley is pure gold (thank you Jonathan Brun for passing it along). It’s a wonderful dissection – all while using the fashion industry as a case study – of how patents and licenses are not only unnecessary for innovation but can actually impede it.

What I found particularly fascinating is Johanna’s claim that long ago the US courts decided that clothing was “too utilitarian” to have copyright and patents applied to it. Of course, we could say that of a number of industries today – the software industry coming to mind right off the bat (can anyone imagine a world without software?).

The presentation seems to confirm another thought I’ve held – weaker copyright and patents protections do not reduce or eliminate peoples incentive to innovate. Quite the opposite. It both liberates innovation and increases its rate as others are able to copy and reuse one another. In addition, it makes brands stronger, not weaker. In a world where anybody can copy anybody, innovation and the capacity to execute matters. Indeed, it is the only thing that matters.

It would be nice if, here in Canada, the Ministers of Heritage (James Moore) and Industry (Tony Clement) would watch and learn from this video – and the feedback they received from ordinary Canadians. If we want industries as vibrant and profitable as the fashion industry, it may require us to think a little differently about copyright reform.

Sharing Critical Information with the public: Lessons for Governments

Increasingly governments are looking for new and more impactful ways to communicate with citizens. There is a slow but growing awareness that traditional sources of outreach, such as TV stories and newspaper advertisements are either not reaching a significant portion of the population and/or have little impact on raising awareness of a given issue.

The exciting thing about this is that there is some real innovation taking place in governments as they grapple with this challenge. This blog post will look at one example from Canada and talk about why the innovation pioneered to date – while a worthy effort – falls far short of its potential. Specifically, I’m going to talk about how when governments share data, even when they use new technologies, they remain stuck in a government-centric approach that limits effectiveness. The real impact of new technology won’t come until governments begin to think more radically in terms of citizen-centric approaches.

The dilemma around reaching citizens is probably felt most acutely in areas where there is a greater sense of urgency around the information – like, say, in issues relating to health and safety. Consequently, in Canada, it is perhaps not surprising to see that some of the more innovative outreach work has thus been pioneered by the national agency responsible for many of these issues, Health Canada.

HC-Widgethc-appThe most cutting edge stuff I’ve seen is an effort by Health Canada to share advisories from Health Canada, Transport Canada and the Canadian Food Inspection Agency via three vehicles: an RSS feed, a mobile app available for Blackberry, iPhone (pictured far right) and Android, and finally as a widget (pictured near right) that anyone can install into their blog.

I think all of these are interesting ideas and have much to commend them. It is great to see information of a similar type, from three different agencies, being shared through a single vehicle – this is definitely a step forward from a user’s perspective. It’s also nice to see the government experiment with different vehicles for delivery (mobile and other parties’ websites).

But from a citizen-centric perspective, all these innovations share a common problem: They don’t fundamentally change the citizen’s experience with this information. In other words, they are simply efforts to find new ways to “broadcast” the information. As a result, I predict that these intiatives will have a minimal impact as currently structured. There are two reasons why:

The problem isn’t about access: These tools are predicated on the idea that the problem to conveying this information is about access to the information. It isn’t. The truth is, people don’t care. We can debate about whether they should care but the fact of the matter is, they don’t. Most people won’t pay attention to a product recall until someone dies. In this regard these tools are simply the modern day version of newspaper ads, which, historically, very few people actually paid attention to. We just couldn’t measure it, so we pretended like people read them.

The content misses the mark: Scrape a little deeper on these tools and you’ll notice something. They are all, in essence, press releases. All of these tools, the RSS feed, blog widget and mobile apps, are simply designed to deliver a marginally repackaged press release. Given that people tuned out of newspaper ads, pushing these ads onto them in another device will likely have a limited impact.

As a result, I suspect that those likely to pay attention to these innovations were probably those who were already paying attention. This is okay and even laudable. There is a small segment of people for whom these applications reduce the transactions costs of access. However, with regard to expanding the numbers of Canadians impacted my this information or changing behaviour in a broader sense, these tools have limited impact. To be blunt, no one is checking a mobile application before they buy a product, nor are they reading these types of widgets in a blog, nor is anyone subscribing to an RSS feed of recalls and safety warnings. Those who are, are either being paid to do so (it is a requirement of their job) or are fairly obsessive.

In short, this is a government-centric solution – it seeks to share information the government has, in a context that makes sense to government – it is not citizen-centric, sharing the information in a form that matters to citizens or relevant parties, in a context that makes sense to them.

Again, I want to state while I draw this conclusion I still applaud the people at Health Canada. At least they are trying to do something innovative and creative with their data and information.

So what would a citizen-centric approach look like? Interestingly, it would involve trying to reach out to citizens directly.

People are wrestling with a tsunami of information. We can’t simply broadcast them with information, nor can we expect them to consult a resource every time they are going to make a purchase.

What would make this data far more useful would be to structure it so that others could incorporate it into software and applications that could shape people’s behaviors and/or deliver the information in the right context.

Take this warning, for example: “CERTAIN FOOD HOUSE BRAND TAHINI OF SESAME MAY CONTAIN SALMONELLA BACTERIA” posted on Monday by the Canadian Food Inspection Agency. There is a ton of useful information in this press release including things like:

The geography impacted: Quebec

The product name, size and better still the UPC and LOT codes.

Product Size UPC Lot codes
Tahini of Sesame 400gr 6 210431 486128 Pro : 02/11/2010 and Exp : 01/11/2012
Tahini of Sesame 1000gr 6 210431 486302 Pro: 02/11/2010 and Exp: 01/11/2012
Premium Halawa 400gr 6 210431 466120 Pro: 02/11/2010 and Exp: 01/11/2012
Premium Halawa 1000gr 6 210431 466304 Pro: 02/11/2010 and Exp: 01/11/2012

However, all this information is buried in the text so is hard to parse and reuse.

If the data was structured and easily machine-readable (maybe available as an API, but even as a structured spreadsheet) here’s what I could imagine happening:

  1. Retailers could connect the bar code scanners they use on their shop floors to this data stream. If any cashier swipes this product at a check out counter they would be immediately notified and would prevent the product from being purchased. This we could do today and would be, in my mind, of high value – reducing the time and costs it takes to notify retailers as well as potentially saving lives.
  2. Mobile applications like RedLaser, which people use to scan bar codes and compare product prices could use this data to notify the user that the product they are looking at has been recalled. Apps like RedLaser still have a small user base, but they are growing. Probably not a game changer, but at least context sensitive.
  3. I could install a widget in my browser that, every time I’m on a website that displays that UPC and/or Lot code would notify me that I should not buy that product and that it’s been recalled. Here the potential is significant, especially as people buy more and more goods over the web.
  4. As we move towards having “smart” refrigerators that scan the RFID chips on products to determine what is in the fridge, they could simply notify me via a text message that I need to throw out my jar of Tahini of Sesame. This is a next generation use, but the government would be pushing private sector innovation in the space by providing the necessary and useful data. Every retailer is going to want to sell a “smart” fridge that doubles as a “safe” fridge, telling you when you’ve got a recalled item in it.

These are all far more citizen-centric, since they don’t require citizens to think, act or pay attention. In short, they aren’t broadcast-oriented, they feel customized, filtering information and delivering it where citizens need it, when they need it, sometimes without them even needing to know. (This is the same argument I made in my How Yelp Could Help Save Millions in Healthcare Costs). The most exciting thing about this is that Health Canada already has all the data to do this, it’s just a question of restructuring it so it is of greater use to various consumers of the data – from retailers, to app developers, to appliance manufactuers. This should not cost that much. (Health Canada, I know a guy…)

Another advantage of this approach is that it also gets the Government out of the business of trying to find ways to determine the best and most helpful way to share information. This appears to be a problem the UK government is also interested in solving. Richard A. sent me this excellent link in which a UK government agency appeals to the country’s developers to help imagine how it can better share information not unlike that being broadcast by Health Canada.

However, at the end of the day even this British example falls into the same problem – believing that the information is most helpfully shared through an app. The real benefit of this type of information (and open data in general) won’t be when you can create a single application with it, but when you can embed the information into systems and processes so that it can notify the right person at the right time.

That’s the challenge: abandoning a broadcast mentality and making things available for multiple contexts and easily embeddable. It’s a big culture shift, but for any government interested in truly exploring citizen-centric approach, it’s the key to success.

The problem with the UBB debate

I reley dont wan to say this, but I have to now.

This debate isso esey!

– Axman13

Really, it is.

The back and forth for and against UBB has – for me – sadly so missed the mark on the real issue it is beyond frustrating. It’s been nice to see a voice or two like Michael Geist begin to note the real issue – lack of competition – but by and large, we continue to have the wrong debate and, more importantly, blame the wrong people.

This really struck home with me while reading David Beers’s piece in the Globe. The first half is fantastic, demanding greater transparency into the cost of delivering bandwidth and of developing a network; this is indeed needed. Sadly, the second half completely lost me, as it makes no argument, notably doesn’t call for foreign investment (though he wants the telcos’ oligarchy broken up – so it’s unclear where he thinks that competition is going to come from) and worse, the CRTC is blamed for the crisis.

It all prompted me – reluctantly – to outline what I think are the three problems with the debate we’ve been having, from least to most important.

1. It’s not about UBB; it’s about cost.

Are people mad about UBB? Maybe. However, I’m willing to wager that most people who have signed the petition about UBB don’t know what UBB is, or what it means. What they do know is that their Internet Service Provider has been charging a lot for internet access. Too much. And they are tired of it.

A more basic question is: do people hate the telcos? And the answer is yes. I know I dislike them all. Intensely. (You should see my cell phone bill; my American friends laugh at me as it is 4x theirs). The recent decision has simply allowed for that frustration to boil over. It has become yet another example of how a telecommunication oligarchy is allowed to charge whatever it wants for service that is substandard to what is often found elsewhere in the world. Of course Canadians are angry. But I suspect they were angry before UBB.

So, if getting gouged is the issue the problem of making the debate about UBB is we risk taking our eye off the real issue – the cost of getting online. Even if the CRTC reverses its decision, we will still be stuck with some of the highest rates in for internet access in the world. This is the real issue and should be the focus of the debate.

2. If the real issue is about price, the real solution is competition.

Here Geist’s piece, along with the Globe editorial, is worth reading. Geist states clearly that the root of the problem is a lack of competition. It may be that UBB – especially in a world of WiMax or other highspeed wireless solutions – could become the most effective way to charge for access and encourage investment. Why would we want to forestall such a business model from emerging?

I’m hoping, and am seeing hints, that that this part of the debate is beginning to come to the fore, but so long as the focus is on banning UBB, and not increasing competition, we’ll be stuck having the wrong conversation.

3. The real enemy is not the CRTC; it’s the Minister of Industry Canada.

This, of course, is both the most problematic part of this debate and the most ironic. The opponents to UBB have made the wrong people the enemy. While people may not agree with the CRTC’s decision, the real problem is not of their making. They can only act within the regulatory regime they have been given.

The truth of the matter is, after 40 years of the internet, Canada has no digital economy strategy. Given it is 2011 this is a stunning fact. Of course, we’ve been promised one but we’ve heard next to nothing about it since the consultation has been closed. Indeed – and I hope that I’ll be corrected here – we haven’t even heard when it will land.

The point, to make it clear, is that this is not a crisis or regulatory oversight. This is a crisis of policy mismanagement. So the real people to blame are the politicians – and in particular the Industry Minister who is in charge of this file. But since those in opposition to UBB have made it their goal to scream at the CRTC, the government has been all too happy to play along and scream at them as well. Indeed, the biggest irony of this all is that it has allowed the government to take a populist approach and look responsive to a crises that they are ultimately responsible for.

P.S. Left-wing bonus reason

So if you are a left leaning anti-UBB advocate – particularly one who publishes opinion pieces – the most ironic part about this debate is that you are the PMO’s favourite person. Not only have you deflected blame over this crisis away from the government and onto the CRTC you’ve created the perfect conditions for the government to demand an overhaul (or simply just the resignation) of key people on the CRTC board.

The only reson this is ironic is beacuase Konrad W. von Finckenstein (head of the CRTC) may be the main reason why Sun Media’s Category 1 application for its “Fox News North” channel was denied. There is probably nothing the PMO would like more than to brush Kinchenstein aside and be to reshape the CRTC so as to make this plan a reality.

Wouldn’t it be ironic if a left-leaning coalition enabled the Harper PMO and Sun Media to create their Fox News North?

And who said Canadian politics was boring?

P.P.S. If you haven’t figured out the spelling mistake easter eggs, I’ll make it more obvious: click here. It’s an example of why internet bandwidth consumption is climbing at double digits.

Canada's Secret Open Data Strategy?

Be prepared for the most boring sentence to an intriguing blog post.

The other night, I was, as one is wont to do, reading through a random Organization for Economic Coordination and Development report entitled Towards Recovery and Partnership with Citizens: The Call for Innovative and Open Government. The report was, in fact, a summary of its recent Ministerial Meeting of the OECD’s Public Governance Committee.

Naturally, I flipped to the section authored by Canada and, imagine the interest with which I read the following:

The Government of Canada currently makes a significant amount of open data available through various departmental websites. Fall 2010 will see the launch of a new portal to provide one-stop access to federal data sets by providing a “single-window” to government data. In addition to providing a common “front door” to government data, a searchable catalogue of available data, and one-touch data downloading, it will also encourage users to develop applications that re-use and combine government data to make it useful in new and unanticipated ways, creating new value for Canadians. Canada is also exploring the development of open data policies to regularise the publication of open data across government. The Government of Canada is also working on a strategy, with engagement and input from across the public service, developing short and longer-term strategies to fully incorporate Web 2.0 across the government.

In addition, Canada’s proactive disclosure initiatives represent an ongoing contribution to open and transparent government. These initiatives include the posting of travel and hospitality expenses, government contracts, and grants and contribution funding exceeding pre-set thresholds. Subsequent phases will involve the alignment of proactive disclosure activities with those of the Access to Information Act, which gives citizens the right to access information in federal government records.

Lots of interesting things packed into these two paragraphs, something I’m sure readers concerned with open data, open government and proactive, would agree with. So let’s look at the good, the bad and the ugly, of all of this, in that order.

The Good

So naturally the first sentence is debatable. I don’t think Canada makes a significant amount of its data available at all. Indeed, across every government website there is probably no more than 400 data sets available in machine readable format. That’s less that the city of Washington DC. It’s about (less than) 1% of what Britain or the United States disclose. But, okay,let’s put that unfortunate fact aside.

The good and really interesting thing here is that the Government is stating that it was going to launch an open data portal. This means the government is thinking seriously about open data. This means – in all likelihood – policies are being written, people are being consulted (internally), processes are being thought through. This is good news.

It is equally good news that the government is developing a strategy for deploying Web 2.0 technologies across the government. I hope this will be happening quickly as I’m hearing that in many departments this is still not embraced and, quite often, is banned outright. Of course, using social media tools to talk with the public is actually the wrong focus (Since the communications groups will own it all and likely not get it right for quite a while), the real hope is being allowed to use the tools internally.

The Bad

On the open data front, the bad is that the portal has not launched. We are now definitely passed the fall of 2010 and, as for whatever reason, there is no Canadian federal open data portal. This may mean that the policy (despite being announced publicly in the above document) is in peril or that it is simply delayed. Innumerable things can delay a project like this (especially on the open data front). Hopefully whatever the problem is, it can be overcome. More importantly, let us hope the government does something sensible around licensing and uses the PDDL and not some other license.

The Ugly

Possibly the heart stopping moment in this brief comes in the last paragraph where the government talks about posting travel and hospitality expenses. While these are often posted (such as here) they are almost never published in machine readable format and so have to be scrapped in order to be organized, mashed up or compared to other departments. Worse still, these files are scattered across literally hundreds of government websites and so are virtually impossible to track down. This guy has done just that, but of course now he has the data, it is more easily navigable but no more open then before. In addition, it takes him weeks (if not months) to do it, something the government could fix rather simply.

The government should be lauded for trying to make this information public. But if this is their notion of proactive disclosure and open data, then we are in for a bumpy, ugly ride.

Canada ranks last in freedom of information

For those who missed it over the weekend it turns out Canada ranks last in freedom of information study that looked at the world’s western Parliamentary democracies. What makes it all the more astounding is that a decade ago Canada was considered a leader.

Consider two from the Information Commissioner, Suzanne Legault quotes pulled from the piece:

Only about 16 per cent of the 35,000 requests filed last year resulted in the full disclosure of information, compared with 40 per cent a decade ago, she noted.

And delays in the release of records continue to grow, with just 56 per cent of requests completed in the legislated 30-day period last year, compared with almost 70 per cent at the start of the decade.

These are appalling numbers.

The sad thing is… don’t expect things to get better. Why?

Firstly, the current government seems completely uninterested in access to information, transparency and proactive disclosure, despite these being core planks of its election platform and core values of the reform movement that re-launched Canadian conservatism. Indeed, reforming and improving access to information is the only unfulfilled original campaign promise of the Conservatives – and there appears to be no interest in touching it. Quite the opposite – that political staff now intervene to block and restrict Access to Information Requests – contravening the legislation and policy – is now a well known and documented fact.

Second, this issue is of secondary importance to the public. While everyone will say they care about access to information and open government, then number of people (while growing) still remains small. These types of reports and issues are of secondary importance. This isn’t to say they don’t matter. They do – but generally after something bigger and nastier has come to light and the public begins to smell rot. Then studies like this become the type of thing that hurts a government – it gives legitimacy and language to a sentiment people widely feel.

Third, the public seems confused about who they distrust more – the fact is, however bad the current government is on this issue, the Liberal brand is still badly tarnished on this issue of transparent government due to the scandals from almost a decade ago. Sadly, this means that there will be less burden on this government to act since – every time the issue of transparency and open government arise – rather than act, Government leaders simply point out the other parties failings.

So as the world moves on while Canada remains stuck, its government becoming more opaque, distant and less accountable to the people that elect it.

Interestingly , this also has a real cost to Canada’s influence in the world. It means something when the world turns to you as an expert – as we once were on access to information – minister’s are consulted by other world leaders, your public servants are given access to information loops they might otherwise not know about, there is a general respect, a soft power, that comes from being an acknowledged leader. Today, this is gone.

Indeed, it is worth noting that of the countries survey in the above mentioned study, only Canada and Ireland do not have open data portals which allow for proactive disclosure.

It’s a sign of the times.

Making StatsCan Data Free: Assessing the Cost

Regular readers of my blog will know that I’ve advocated that StatsCan’s data – and particularly its Census data – should be made open (e.g. free, unlicensed, and downloadable in multiple formats). Presently, despite the fact that Canadian tax dollars pay to collect (a sadly diminishing amount, and quality of,) data, it is not open.

The main defense I hear to why StatsCan’s data should not be free is because the department depends on the revenue the data generates.

So exactly how much revenue are we talking about? Thanks to the help of some former public servants I’ve been able to go over the publicly available numbers. The basic assessment – which I encourage people to verify and challenge – turns out not to be a huge a number.

The most interesting figure in StatsCan’s finances is the revenue it generates from its online database (e.g. data downloaded from its website). So how much revenue is it? Well in 2007/2008, it was $559,000.

That’s it. For $559,000 in lost government revenue Canadians could potentially have unlimited access to the Statscan census database their tax dollars paid to collect and organize. I suspect this is a tiny fraction of the value (and tax revenue) that might be generated by economic activity if this data were free.

Worse, the $559,000 is not profit. From what I can tell it is only revenue. Consequently, it doesn’t factor in collection costs StatsCan has to absorb to run and maintain a checkout system on its website, collect credit card info, bill people, etc… I’m willing to bet almost anything that the cost of these functions either exceed $559,000 a year, or come pretty close. So the net cost of making the data free could end up being a less.

StatsCan makes another $763,000 selling Statistics Canada publications (these are 243 data releases of the 29 major economic indicators StatsCan measures and the 5 census releases it does annually – in short these are non-customized reports). So for $1,422,000 Canadians could get access to both the online data statscan has and the reports the organization generates. This is such laughably (or depressingly) small number it begs the question – why are we debating this? (again this is revenue, not profit, so the cost could be much lower)

Of course, the figure that you’ll often hear cited is $100M in revenue. So what accounts for the roughly 100x difference between the above number and the alleged revenue? Well, in 2007/08 StatsCan did make $103,155,000 but this was from value added (e.g. customized) reports. This is very, very different product than the basic data that is available on its website. My sources tell me this is not related to downloaded data.

I think we should concede that if the entire StatsCan’s database were made open and free it would impact some of this revenue. But this would also be a good thing. Why is this? Let’s break it down:

  1. Increase Capacity and Data Literacy: By making a great deal of data open and free, StatsCan would make it easier for competitors to enter the market place. More companies and individuals could analyze the country’s census and other data, and so too could more “ordinary” Canadians than ever would be able to access the database (again, that their tax dollars paid to create). This might include groups like senior high school and university students, non-profits and everyday citizens who wanted to know more about their country. So yes, Statscan would have more competitors, but the country might also benefit from having a more data literate population (and thus potential consumers).
  2. Increase Accessibility of Canadian Data to Marginalized Groups: An increase in the country’s analysis capacity would drop the price for such work. This would make it cheaper and easier for more marginal groups to benefit from this data – charities, religious groups, NGO’s, community organizations, individuals, etc…
  3. Improve Competitiveness: It would also be good for Canadian competitiveness, companies would have to spend less to understand and sell into the Canadian market. This would lower the cost of doing business in Canada – helpful to consumers and the Canadian economy.
  4. StatsCan would not lose all or even most of its business: Those at StatsCan who fear the organization would be overwhelmed by a more open world should remember, not all the data can be shared. Some data – particularly economic data gathered from companies – is sensitive and confidential. As a result there will be some data that StatsCan retains exclusive access to, and thus a monopoly over analysis. More importantly, I suspect that were Statscan data made open the demand for data analysis would grow, so arguably new capacity might end up being devoted to new demand, not existing demand.
  5. It will Reduce the Cost of Government: Finally, the crazy thing about StatsCan is that it sells its data and services to other Ministries and layers of government. This means that governments are paying people to move tax payer money between government ministries and jurisdictions. This is a needless administrative costs that drives up everybody’s taxes and poorly allocates scarce government resources (especially at the local level). Assuming every town and city in Canada pays $50 – 1000 dollars to access statscan data may not seem like much, but in reality, we are really paying that, plus their and StatsCan’s staff time to manage all these transactions, enforce compliance, etc… all of which is probably, far, far more.

So in summary, the cost to Canada of releasing this data will likely be pretty marginal, while the benefits could be enormous.

At best, if costs half a million dollars in forgone revenue. Given the improved access and enormous benefits, this is a pittance to pay.

At worst, StatsCana would lose maybe 20-30 million – this is a real nightmare scenario that assumes much greater competition in the marketplace (again, a lot of assumptions in this scenario). Of course the improved access to data would lead to economic benefits that would far, far, surpass this lost revenue, so the net benefit for the country would be big, but the cost to StatsCan would be real. Obviously, it would be nice if this decline in revenue was offset by improved funding for StatsCan (something a government that was genuinely concerned about Canadian economic competitiveness would jump at doing). However, given the current struggles Statscan faces on the revenue front (cuts across the board) I could see how a worse case scenario would be nerve wracking to the department’s senior public servants, who are also still reeling from the Long Form Census debacle.

Ultimately, however, I think the worse case scenario is unlikely. Moreover, in either scenario the benefits are significant.

Bonus Material:

Possibly the most disconcerting part of the financial reports on StatsCan on Treasury Board’s website was the stakeholder consultation associated with access to statscan’s database. It claimed that:

Usability and client satisfaction survey were conducted with a sample of clients in early 2005. Declared level of satisfaction with service was very high.

This is stunning. I’ve never talked to anyone who has had a satisfactory experience on StatsCan’s website (in contrast to their phone support – which everyone loves). I refer to the statscan site where the place where what you want is always one click away.

I’m willing to bet a great deal that the consultations were with existing long term customers – the type of people that have experience using the website. My suspicion is that if a broader consultation was conducted with potential users (university students, community groups, people like me and you, etc…) the numbers would tank. I dare you to try to use their website. It is virtually unnavigable.

Indeed, had made its website and data more accessible I suspect it the department would engage Canadians and have more stakeholders. This would have been the single most powerful thing it could have done to protect itself from cuts and decisions like the Long Form fiasco.

I know this post may anger a number of people at Statscan. I’m genuinely sorry. I know the staff work hard, are dedicated and are exceedingly skilled and professional. This type of feedback is never flattering – particularly in public. It is because you are so important to the unity, economy and quality of life in our country that it is imperative we hold you to the highest possible bar – not just in the quality of that data your collect (there you already excel) but in the way you serve and engage Canadians. In this, I hope that you get the support you need and deserve.

The False choice: Bilingualism vs. Open Government (and accountability)

Last week a disturbing headline crossed my computer screen:

B.C. RCMP zaps old news releases from its website

2,500 releases deleted because they weren’t translated into French

1) The worst of all possible outcomes

This is a terrible outcome for accountability and open government. When we erase history we diminish accountability and erode our capacity to learn. As of today, Canadians have a poorer sense of what the RCMP has stood for, what it has claimed and what it has tried to do in British Columbia.

Consider this. The Vancouver Airport is a bilingual designated detachment. As of today, all press releases that were not translated were pulled down. This means that any press release related to the national scandal that erupted after Robert Dziekański – the polish immigrant who was tasered five times by the (RCMP) – is now no longer online. Given the shockingly poor performance the RCMP had in managing (and telling the truth about) this issue – this concerns me.

Indeed, I can’t think that anyone thinks this is a good idea.

The BC RCMP does not appear to think it is a good idea. Consider their press officer’s line: “We didn’t have a choice, we weren’t compliant.”

I don’t think there are any BC residents who believe they are better served by this policy.

Nor do I think my fellow francophone citizens believe they are better served by this decision. Now no one – either francophone or anglophone can find these press releases online. (More on this below)

I would be appalled if a similar outcome occurred in Quebec or a francophone community in Manitoba. If the RCMP pulled down all French press releases because they didn’t happen to have English translations, I’d be outraged – even if I didn’t speak French.

That’s because the one thing worse than not having the document in both official languages, is not having access to the document at all. (And having it hidden in some binder in a barracks that I have to call or visit doesn’t event hint of being accessible in the 21st century).

Indeed, I’m willing to bet almost anything that Graham Fraser, the Official Languages Commissioner – who is himself a former journalist – would be deeply troubled by this decision.

2) Guided by Yesterday, Not Preparing for Tomorrow

Of course, what should really anger the Official Languages Commissioner is an attempt to pit open and accountable government against bilingualism. This is a false choice.

I suspect that the current narrative in government is that translating these documents is too expensive. If one relies on government translators, this is probably true. The point is, we no longer have to.

My friend and colleague Luke C. pinged me after I tweeted this story saying “I’d help them automate translating those news releases into french using myGengo. Would be easy.”

Yes, mygengo would make it cheap at 5 cents a word (or 15 if you really want to overkill it). But even smarter would be to approach Google. Google translate – especially between French and English – has become shockingly good. Perfect… no. Of course, this is what the smart and practical people on the ground at the RCMP were doing until the higher ups got scared by a French CBC story that was critical of the practice. A practice that was ended even though it did not violate any policies.

The problem is there isn’t going to be more money to do translation – not in a world of multi-billion dollar deficits and in a province that boasts 63,000 french speakers. But Google translate? It is going to keep getting better and better. Indeed, the more it translates, the better it gets. If the RCMP (or Canadian government) started putting more documents through Google translate and correcting them it would become still more accurate. The best part is… it’s free. I’m willing to bet that if you ran all 2500 of the press releases through Google translate right now… 99% of them would come out legible and of a standard that would be good enough to share. (again, not perfect, but serviceable). Perhaps the CBC won’t be perfectly happy. But I’m not sure the current outcome makes them happy either. And at least we’ll be building a future in which they will be happy tomorrow.

The point here is that this decision reaffirms a false binary: one based on a 20th century assumptions where translations were expensive and laborious. It holds us back and makes our government less effective and more expensive. But worse, it ignores an option that embraces a world of possibilities – the reality of tomorrow. By continuing to automatically translate these documents today we’d continue to learn how to use and integrate this technology now, and push it to get better, faster. Such a choice would serve the interests of both open and accountable governments as well as bilingualism.

Sadly, no one at the head office of the RCMP – or in the federal government – appears to have that vision. So today we are a little more language, information and government poor.

Three asides:

1) I find it fascinating that the media can get mailed a press release that isn’t translated but the public is not allowed to access it on a website until it is – this is a really interesting form of discrimination, one that supports a specific business model and has zero grounding in the law, and indeed may even be illegal given that the media has no special status in Canadian law.

2) Still more fascinating is how the RCMP appears to be completely unresponsive to news stories about inappropriate behavior in its ranks, like say the illegal funding of false research to defend the war on drugs, but one story about language politics causes the organization to change practices that aren’t even in violation of its policies. It us sad to see more evidence still that the RCMP is one of the most broken agencies in the Federal government.

3) Thank you to Vancouver Sun Reporter Chad Skelton for updating me on the Google aspect of this story.

An Open Letter on Open Government to the Access to Information, Privacy & Ethics Parliamentary Committee

The other week I received an invitation from the Canadian Standing Parliamentary Committee on Access to Information, Privacy & Ethics to come and testify about open government and open data on February 1st.

The Committee has talked a great deal about its efforts to engage in a study of open government and since February 1st is quite a bit away and I’d like to be helpful before my testimony, I thought I draft up some thoughts and suggestion for the committee’s strategy. I know these are unsolicited but I hope they are helpful and, if not, that they at least spark some helpful thoughts.

1. Establish a common understanding of the current state of affairs

First off, the biggest risk at the moment is that the Committee’s work might actually slow down efforts of the government to launch an open data strategy. The Committee’s work, and the drafting of its report, is bound to take several months, it would be a shame if the government were to hold back launching any initiatives in anticipation of this report.

Consequently, my hope is that the committee, at is earliest possible convenience, request to speak to the Chief Information Officer of the Government of Canada to get an update regarding the current status of any open government and open data initiatives, should they exist. This would a) create a common understanding regarding the current state of affairs for both committee members and witnesses; b) allow subsequent testimony and recommendations to take into consideration the work already done and c) allow the committee to structure its work so as to not slow down any current efforts that might be already underway.

2. Transform the Committee into a Government 2.0 Taskforce – similar to the Australian effort

Frankly, my favourite approach in this space has been the British. Two Government’s, one Labour, one Conservative have aggressive pursued an open data and open government strategy. This, would be my hope for Canada. However, it does not appear that is is presently the case. So, another model should be adopted. Fortunately, such a model exists.

Last year, under the leadership of Nicholas Gruen, the Australian government launched a Government 2.0 taskforce on which I had the pleasure of serving on the International Reference Group. The Australian Taskforce was non-partisan and was made up of policy and technical experts and entrepreneurs from government, business, academia, and cultural institutions. More importantly, the overwhelming majority of its recommendations were adopted.

To replicate its success in Canada I believe the Committee should copy the best parts of the Australian taskforce. The topic of Canadians access to their government is of central importance to all Canadians – to non-profits, to business interests, to public servants and, of course, to everyday citizens. Rather than non-partisan, I would suggest that a Canadian taskforce should be pan-partisan – which the Committee already is. However, like the Australian Taskforce it should include a number of policy and technical experts from outside government. This fill committee would this represent both a political cross-section and substantive knowledge in the emerging field of government 2.0. It could thus, as a whole, effectively and quickly draft recommendations to Parliament.

Best of all, because of step #1, this work could proceed in parallel to any projects (if any) already initiated by the government and possibly even inform such work by providing interim updates.

I concede such an approach may be too radical, but I hope it is at least a starting point for an interesting approach.

3. Lead by Example

There is one arena where politicians need not wait on the government to make plans: Parliament itself. Over the past year, while in conversations with the Parliamentary IT staff as well as the Speaker of the House, I have worked to have Parliament make more data about its own operations open. Starting in January, the Parliamentary website will begin releasing the Hansard in XML – this will make it much easier for software developers like the creators of Openparliament.ca as and howdtheyvote.ca to run their sites and for students, researchers and reporters to search and analyze our country’s most important public discussions. In short, by making the Hansard more accessible the Speaker and his IT staff are making parliament more accessible. But this is only the beginning of what parliamentarians could do to make for a truly Open Parliament. The House and Senate’s schedules and agendas, along with committee calendars should all be open. So to should both chambers seating arrangement. Member’s photos and bios should be shared with an unrestricted license as should the videos of parliament.

Leadership in this space would send a powerful message to both the government and the public service that Canada’s politicians are serious about making government more open and accessible to those who elect it. In addition, it could also influence provincial legislature’s and even municipal governments, prompting them to do the same and so enhance our democracy at every level.

4. Finally, understand your task: You are creating a Knowledge Government for a Knowledge Society

One reason I advise the Committee to take on external members is because, laudably, many admit this topic is new to them. But I also want the committee members to understand the gravity of their task. Open Government, Open Data and/or Government 2.0 are important first steps in a much larger project.

What you are really wrestling with here is what government is going to look like in an knowledge economy and a knowledge society. How is going to function with knowledge workers as employees? And, most importantly, how is it going to engage with knowledge citizens, many of whom can and want to make real contributions beyond the taxes they pay and don’t need government to self-organize?

In short, what is a knowledge based government going to look like?

At the centre of that question is how we manage and share information. The basic building block of a knowledge driven society.

Look around, and you can see how the digital world is transforming how we do everything. Few of us can imagine living today without access to the internet and the abundance of information it brings to us. Indeed, we have already become so used to the internet we forget how much it has radically changed whole swaths of our life and economy from the travel and music industry to the post to political fund-raising and to journalism.

If today our government still broadly looks and feels like an institution shaped by the printing press it is because, well it is. Deputy Ministers and Ministers still receive giant briefing binders filled with paper. This is a reflection of how we deal within information and knowledge in government, we move it around (for good reasons) in siloes, operating as though networks, advance search, and other innovations don’t exist (even though they already do).

How our government deals with information is at the heart of your task. I’m not saying you have to re-invent government or dismantle all the silos and ministries. Quite the contrary, I believe small changes can be made that will yield significant benefits, efficiencies and savings while enhancing our democracy. But you will be confronting decades, if not centuries of tradition, culture and process in an institution that is about to go through the biggest change since the invention of the printing press. You don’t have to do it all, but even some small first steps will not come easily. I share this because I want you going into the task with eyes wide open.

At the very least we aren’t going first, our cousins both across the Atlantic, the Pacific and our southern border have already taken the plunge. But this should add urgency to our task. We cannot afford to stand by while others renew their democratic institutions while simultaneously enhancing an emerging and critical pillar of a new knowledge economy and knowledge society.

Wikileaks and the coming conflict between closed and open

I’ve been thinking about wikileaks ever since the story broke. Most of the stories – like those written by good friends like Taylor Owen and Scott Gilmore are pieces very much worth reading but I think miss the point about wikileaks and/or assess it on their own terms and thus fail to understand what wikileaks is actually about and what it is trying to do. We need to be clear in our understanding, and thus the choices we are about to confront.

However, before you read anything I write there are smarter people out there – two in particular – who have said things that I’m not reading anywhere else. The first is Jay Rosen (key excerpt below) whose 15 minutes Pressthink late night video on the subject is brilliant and the second is by zunguzungu piece Julian Assange and the Computer Conspiracy; “To destroy this invisible government” (key excerpt further below) is a cool and calculated dissection of wikileaks goals and its intentions. I’ve some thoughts below, but these two pieces are, in my mind, the most important things you can read on the subject and strongly inform my own piece (much, much further below). I know that this is all very long, and that many of you won’t have the patience, but I hope that what I’ve written and shared below is compelling enough to hold your attention, I certainly think it is important enough.

Jay Rosen:

While we have what purports to be a “watchdog press” we also have, laid out in front of us, the clear record of the watchdog press’s failure to do what is says it can do, which is to provide a check on power when it tries to conceal its deeds and its purpose. So I think it is a mistake to reckon with Wikileaks without including in the frame the spectacular failures of the watchdog press over the last 10, 20, 40 years, but especially recently. And so, without this legitimacy crisis in mainstream American journalism, the leakers might not be so inclined to trust Julian Assange and a shadowy organization like Wikileaks. When the United States is able to go to war behind a phony case, when something like that happens and the Congress is fooled and a fake case is presented to the United Nations and war follows and 100,000s of people die and the stated rationale turns out to be false, the legitimacy crisis extends from the Bush government itself to the American state as a whole and the American press and the international system because all of them failed at one of the most important things that government by consent can do: which is reason giving. I think these kind of huge cataclysmic events within the legitimacy regime lie in the background of the Wikileaks case, because if wasn’t for those things Wikileaks wouldn’t have the supporters it has, the leakers wouldn’t collaborate the way that they do and the moral force behind exposing what this government is doing just wouldn’t be there.

This is one of the things that makes it hard for our journalists to grapple with Wikileaks. On the one hand they are getting amazing revelations. I mean the diplomatic cables tell stories of what it is like to be inside the government and inside international diplomacy that anyone who tries to understand government would want to know. And so it is easy to understand why the big news organizations like the New York Times and The Guardian are collaborating with Wikileaks. On the other hand they are very nervous about it because it doesn’t obey the laws of the state and it isn’t a creature of a given nation and it is inserting itself in-between the sources and the press. But I think the main reason why Wikileaks causes so much insecurity with our journalists is because they haven’t fully faced the fact that the watchdog press they treasure so much died under George W. Bush. It failed. And instead of rushing to analyze this failure and prevent it from happening ever again – instead of a truth and reconciliation commission-style effort that could look at “how did this happen” – mostly what our journalists did, with a few exceptions, is they moved on to the next story. The watchdog press died. And what we have is Wikileaks instead. Is that good or is that bad? I don’t know, because I’m still trying to understand what it is.

Zunguzungu:

But, to summarize, he (Assange) begins by describing a state like the US as essentially an authoritarian conspiracy, and then reasons that the practical strategy for combating that conspiracy is to degrade its ability to conspire, to hinder its ability to “think” as a conspiratorial mind. The metaphor of a computing network is mostly implicit, but utterly crucial: he seeks to oppose the power of the state by treating it like a computer and tossing sand in its diodes…

…The more secretive or unjust an organization is, the more leaks induce fear and paranoia in its leadership and planning coterie. This must result in minimization of efficient internal communications mechanisms (an increase in cognitive “secrecy tax”) and consequent system-wide cognitive decline resulting in decreased ability to hold onto power as the environment demands adaption. Hence in a world where leaking is easy, secretive or unjust systems are nonlinearly hit relative to open, just systems. Since unjust systems, by their nature induce opponents, and in many places barely have the upper hand, mass leaking leaves them exquisitely vulnerable to those who seek to replace them with more open forms of governance.

– zunguzungu

Almost all the media about wikileaks has, to date, focused on the revelations about what our government actually thinks versus what it states publicly. The bigger the gap between internal truth and external positions, the bigger the story.

This is, of course, interesting stuff. But less discussed and more interesting is our collective reaction to wikileaks. Wikileaks is drawing a line, exposing a fissure in the open community between those who believe in overturning current “system(s)” (government and international) and those who believe that the current system can function but simply needs greater transparency and reform.

This is why placing pieces like Taylor Owen and Scott Gilmore‘s against zunguzungu’s is so interesting. Ultimately both Owen and Gilmore believe in the core of the current system – Scott explicitly so, arguing how secrecy in the current system allows for human right injustices to be tackled. Implicit in this, of course, is the message that this is how they should be tackled. Consequently they both see wikileaks as a failure as they (correctly) argue that its radical transparency will lead to a more closed and ineffective governments. Assange would likely counter that Scott’s effort address systems and not cause and may even reinforce the international structures that help foster hunan rights abuses. Consequently Assange’s core value of transparency, which at a basic level Owen and Gilmore would normally identify with, becomes a problem.

This is interesting. Owen and Scott believe in reform, they want the world to be a better place and fight (hard) to make it so. I love them both for it. But they aren’t up for a complete assault on the world’s core operating rules and structures. In a way this ultimately groups them (and possibly me – this is not a critique of Scott and Taylor whose concerns I think are well founded) on the same side of a dividing line as people like Tom Flanagan (the former adviser to the Canadian Prime Minister who half-jokingly called for Assange to be assassinated) and Joe Liberman (who called on companies that host material related to wikileaks to sever their ties with them). I want to be clear, they do not believe Assange should be assassinated but they (and possibly myself) do seem to agree that his tactics are a direct threat to the functioning of system that I think they are arguing needs to be reformed but preserved – and so see wikileaks as counterproductive.

My point here is that I want to make explicit the choices wikileaks is forcing us to make. Status quo with incremental non-structural reform versus whole hog structural change. Owen and Gilmore can label wikileaks a failure but in accepting that analysis we have to recognize that they view it from a position that believes in incremental reform. This means you believe in some other vehicle. And here, I think we have some tough questions to ask ourselves. What indeed is that vehicle?

This is why I think Jay Rosen’s piece is so damn important. One of the key ingredients for change has been the existence of the “watchdog” press. But, as he puts it (repeated from above):

I think it is a mistake to reckon with Wikileaks without including in the frame the spectacular failures of the watchdog press over the last 10, 20, 40 years, but especially recently. And so, without this legitimacy crisis in mainstream American journalism, the leakers might not be so inclined to trust Julian Assange and a shadowy organization like Wikileaks. When the United States is able to go to war behind a phony case, when something like that happens and the Congress is fooled and a fake case is presented to the United Nations and war follows and 100,000s of people die and the stated rationale turns out to be false, the legitimacy crisis extends from the Bush government itself to the American state as a whole and the American press and the international system because all of them failed at one of the most important things that government by consent can do: which is reason giving.

the logical conclusion of Rosen’s thesis is a direct challenge to those of us who are privileged enough to benefit from the current system. As ugly and imperfect as the current system may be Liberman, Flanagan, Owen and Gilmore and, to be explicit, myself, benefit from that system. We benefit from the status quo. Significantly. Dismantling the world we know carries with it significant risks, both for global stability, but also personally. So if we believe that Assange has the wrong strategy and tactics we need to make the case, both to ourselves, to his supporters, to those who leak to wiki leaks and to those on the short end of the stick in the international system about how it is the reform will work and how it is that secrecy and power will be managed for the public good.

In this regard the release of wikileak documents is not a terrorist event, but it is as much an attack on the international system as 9/11 was. It is a clear effort to destabilize and paralyze the international system. It also comes at a time when confidence in our institutions is sliding – indeed Rosen argues that this eroding confidence feeds wikileaks.

So what matters is how we react. To carry forward (the dangerous) 9/11 analogy, we cannot repeat the mistakes of the Bush administration. Then our response corrupted the very system we sought to defend, further eroded the confidence in institutions that needed support and enhanced our enemies – we attacked human rights, civil liberties, freedom of speech and prosecuted a war that killed 100,000s of innocent lives on the premise of manufactured evidence.

Consequently, our response to the current crises can’t be to close up governments and increase secrecy. This will strengthen the hands of those who run wikileaks and cause more public servants and citizens to fear the institutions wikileaks and look for alternatives… many of whoe will side with wikileaks and help imped the capacity of the most important institution in our society to respond to everyday challenges.

As a believer in open government and open data the only working option to us to do the opposite. To continue to open up these institutions as the only acceptable and viable path to making them more credible. This is not to say that ALL information should be made open. Any institution needs some private place to debate ideas and test unpopular theses. But at the moment our governments – more through design and evolution than conspiracy – enjoy far more privacy and secrecy than the need. Having a real and meaningful debate about how to change that is our best response. In my country, I don’t see that debate happening. In the United States, I see it moving forward, but now it has more urgency. Needless to say, I think all of this gives new weigh to my own testimony I’ll be making before the parliamentary Standing Committee on Access to Information, Privacy and Ethics.

I still hope the emerging conflict between open and closed can be won without having to resort to the types of tactics adopted by wikileaks. But for those of use who believe it, we had better start making the case persuasively. The responses of people like Flanagan and Liberman remind me of Bush after 9/11 “you are either with us, or with the terrorists.” Whether intentionally or unintentionally, an analogous response will create a world in which power and information are further removed from the public and will lead to the type of destabilizing change Assange wants.

I’m bound to write more on this – especially around wikileaks, open data and transparency that I think some authors unhelpfully conflate but this post is already long enough and I’m sure most people haven’t even reached a place where they’ll be reading this.

Opening up parliament and getting government IT right

Last week I received two invitations to present.

The first was an invitation to present to the Parliamentary Standing Committee on Access to Information, Privacy and Ethics. They are preparing a report on Open Government and would like me to make a short presentation and then answer questions for a couple of hours. This is a ways out but obviously I’m treating it with a significant amount of seriousness – so if you have thoughts or comments on things you think I should share, please feel free to ping me or comment below.

(Speaking of parliament… as an aside, I want again to let developers there know that through some engagement I’ve been having with the parliamentary IT staff they’ve informed me they will be releasing a number of data sets in January including the Hansard.)

Second is, next week, I’ll be at the United Nations as part of the Expert Group Meeting on the 2012 e-Government Survey: Towards a More Citizen-Centric Approach. My main goal here is to stop getting governments to compare themselves to one another on how “successful” they are in delivering services and information online. With a few notable exceptions, most government websites are at best functional at worst, unnavigable.  Consequently, comparing themselves to one another allows them to feel like all is okay, when really they are collectively trapped in a world of design mediocrity.

Yes, they aren’t pretty words, but someone has to say them.

So any thoughts on this subject are welcome as well.

More soon on the hackathon and the census.