The Journal News Gun Map: Open vs. Personal Data

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As many readers are likely aware two weeks ago The Journal News, a newspaper just outside of New York city, published a map showing the addresses and names of handgun owners in Westchester and Rockland counties. The map, which was part of a story responding to the tragic shooting in Newtown, Connecticut, was constructed with data the paper acquired through Freedom of Information requests. Since their publication the story has generated enormous public interest, including a tremendous amount of anger from gun owners and supporters. The newspaper and its staff have received death threats, had their home addresses published and details of where their kids attend school published. Today the newspapers headquarters are guarded by… armed guards.

While there is a temptation to talk about this even in terms of open data, I don’t think this is a debate about open data. This is a debate about privacy and policy.

Let me clarify.

There is lots of information governments collect about people – the vast majority of which is not, and should not be available. As both an open data advocate and a gov 2.0 advocate I’m strongly interested in ensuring that – around any given data set – peoples sense of privacy is preserved. There are of course interests that benefit from information being made inaccessible, just as there are interests that benefit from it being made accessible, but when it comes to individually identifying pieces of information, I prefer to be cautious.

So, from my perspective, it is critical that this debate not get sloppy. This is not about open data. It is about personable identifiable data – and what governments should and should not do with it. Obviously “open” and “personal identifiable” data can overlap, but they are not the same. A great deal of open data has nothing to do with individuals. However, if we allow the two to become synonymous… well… expect a backlash against open data. No one ever gave anyone a blank check to make any and everything open. I don’t expect my personal healthcare or student record to be downloadable by anyone – I suspect you don’t either.

This is why – when I advise governments – I try to focus on data that is the least contentious (e.g. not even at risk of being personally identifying) since this gives public servants, politicians and the public some time to build knowledge and capacity around understand the issues.

This is not to say that no personalbly identifiable data should be made available – the question is, to what end? And the question matters. I suspect privacy played a big part if the outcry and reaction to the Journal’s gun map. But I suspect that for many – particularly strong pro-gun advocates – there was a recognition that this data was being used as a device (of VERY unclear efficacy) to accelerate public support for stricter gun laws. So they object not just to the issue of privacy, but to the usage.

In the case of guns, I don’t know what the right answer is. But here is an example I feel more confident about. Personally I (and many others) believe businesses license data should be open, including personal identifiable data. But again, these are issues that need to be hammered out, debated and the public given choices. This is not where the open data discussion needs to start, and this is certainly not how it should be defined in the public, as it is much, much more that that and includes touches many issues that are far, far less contentious. But we need to be building the capacity – in the public, among politicians and among public servants – to have these conversations, because disclosure, or the lack thereof, will increasingly be a political and policy choice.

And many of these questions will be tricky. I also believe data should be made available in aggregate. While I understand there are risks I believe researchers should be allowed to use large data sets to try to find out how age or other factors might effective a terrible medical condition, or to gain insights into how graduation rates of at risk groups might be improved. These are big benefits that are – again, for me, worth the risk. But they will of course need to constantly be weighed and debated. What personal data should also be allowed to become open data, under what circumstances and to whose benefit… these are big questions.

So, if you are an open data advocates out there – please don’t let people confuse Open Data with Personal Data. The two can and almost certainly will overlap at times. But that does not make them the same thing. If these two terms become synonymous in the public’s mind in ANY way, it could take years to recover. So educate yourself on privacy issues, and be sure to educate the people you work with. But above all, help them get ready for these debates. More are coming.

Some additional Thoughts

Of course, when it comes to data, if you are really worried about personally identifiable stuff, there is a lot more to fear that isn’t maintained by governments. The world of free and purchasable data contains a lot of goodies (think maps, stock prices, etc…) but there is also plenty of overlap with personal data as well.

Indeed, much of the retaliatory data about the employees of The Journal News was data that was personally identifiable and readily available. A simple look at who I follow on twitter would likely reveal a fair bit about my social graph to anyone. And this isn’t even the juicy stuff. One wonders how many people realize just how much about them can be purchased. Indeed accessing some information has become so common place people don’t even think about it anymore: my understanding is that almost anyone can get a copy of your credit score, right?

That siad, I recognize the difference between data the state forces you to disclose (gun ownership) and that which you “voluntarily” submit and cede control over so as to take part in a service (facebook friends). I don’t always like the latter, but I recognize it is different from the government – it is one thing to have a monopoly on violence it is another to have a terrible EULA. That said, I suspect that many people would be disturbed if they saw exactly how many people were tracking all of the things they do online. Mozilla’s Collusion project is a fun – if ultimately fruitless – tool for getting a sense of this. It is worth doing for a day just to see who is watching what you watch and do online.

I share all this not because I want to scare anyone – indeed I suspect these additional notes are old hat to anyone still reading, but recognize how complex the public’s relationship with data is. And as much as it will upset my privacy advocacy friends to hear me say this: my sense is that public is actually still quite comfortable with vast amounts of data about them being collected (Facebook seems to be able to do whatever it wants with almost no impact on usage). Where people get finicky is around how that data gets used. Apparently, be sold to more effectively doesn’t bother them all that much (although I wish some algorithm could figure out that I’ve already bought a fitbit so there ads need no longer follow me all over the web). However, try to use it to take away their guns… and some of them will get very angry. Somewhere in there a line has been drawn. It has all the makings of an epic public policy and corporate policy nightmare.

Teach to Do – Lessons from Louise Glück

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Somewhere along the lines I remember learning the line “those who cannot do, teach.” I’m sure there are many instances where this is true, it’s just not what I remember when I think of the great teachers I have had, or my own experience.

Part of this crystallized for me a couple of weeks ago when I had the pleasure of being part of the Academy of Achievement Summit. Of the numerous, insanely gifted people who came and spoke, one was Louise Glück – a poet and former poet laureate of the United States.

After her brief presentation and reading she said something that really struck me in response to the question “What do you do when you can’t write?” I tried to copy down her answer verbatim, so forgiving some possible minor errors, it went like this:

What do I do when I can’t write? After two years of not being able to write I started to teach. Rather than being jealous of students I found I wanted to help them and I applied my brain to them in the same way I apply it to my work. And I found over time things become unstuck and it renewed me.

There are all sorts of good reasons to teach – I’ve often heard professors talk about how students always ask them the hardest questions – sometimes without knowing it. But what I loved about Louise’s example was rather than having her students push her – she found energy from them in a different way, in a way that matters a great deal to those in creative spaces. My sense is her students forced her to really think through her process, to unpackage and test it, and by doing that she wrestled with what was blocking her.

I don’t necessarily teach in the traditional way. I occasionally have classrooms where I teach people – but it is pretty rare. But I do teach – mostly I teach people how I think about innovation, about strategy, about incentives and cooperation. We don’t call it teaching, sometimes, in my case, we call it consulting and sometimes it is public speaking, but there are important pieces of teaching embedded in it. And I find it enormously rewarding to unpack how I think – which students and clients (and blog post readers) often force me to.

So if you can, get a chance to teach. You’ll be richer for it. In many ways.

The South -> North Innovation Path in Government: An Example?

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I’ve always felt that a lot of innovation happens where resources are scarcest. Scarcity forces us to think differently, to be efficient and to question traditional (more expensive) models.

This is why I’m always interested to see how local governments in developing economies are handling various problems. There is always an (enormous) risk that these governments will be lured into doing things they way they have been done in developing economies (hello SAP!). Sometimes this makes sense, but often, newer, disruptive and cheaper ways of accomplishing the goal have emerged in the interim.

What I think is really interesting is when a trend started in the global south migrates to the global north. I think I may have just spotted one example.

The other week the City of Boston announced its City Hall to Go trucks – mobile vans that, like food trucks, will drive around the city and be at various civic events available to deliver citizen services on the go! See the video and “menu” below.

This is really cool. In Vancouver we have a huge number of highly successful food carts. It is not hard to imagine an experiment like this as well – particularly in underserved neighborhoods or at the numerous public festivals and public food markets that take place across the city.

But, as the title of this post suggests, Boston is not the first city to do this. This United Nations report points out how the state government of Bahia started to do something similar in the mid 90s in the state capital of Salvador.

In 1994 the Government of Bahia hosted the first of several annual technology fairs in the state capital, Salvador. A few government services were offered there, using new ICT systems (e.g., issuing identification cards). The service was far more efficient and well-received by the public. The idea was then raised: Why not deliver services this way on a regular basis?

…A Mobile Documents SAC also was developed to reach the most remote and deprived communities in Bahia. This Mobile SAC is a large, 18-wheel truck equipped with air-conditioning, TV set, toilets, and a covered waiting area. Inside the truck, four basic citizenship services are provided: issuance of birth certificates, identification card, labor identification card, and criminal record verification.

I feel very much like I’ve read about smaller trucks delivering services in other cities in Brazil as well – I believe one community in Brazil had mobile carts with computers on them that toured neighborhoods so citizens could more effectively participate in online petitions and crowdsourcing projects being run by the local government.

I’m not sure if the success of these projects in developing economy cities influenced the thinking in Boston – if yes, that is interesting. If not, it is still interesting. It suggests that thinking and logic behind this type innovation is occurring in several cities simultaneously, even if when these cities have markedly different levels of GDP per capita and internet access (among many other things). My hope is that those in government will be more and more willing to see how their counterparts elsewhere in the world – no matter where – are doing things. Money is tight for governments everywhere, so good ideas may be more likely to go from those who feel the burden of costs the greatest.

International Open Data Hackathon Wiki now live – 14 cities added in 24 hours

The Beneficial Impact of Newspaper Paywalls on Users

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There continues to be fierce debate about the cost/benefits of newspaper paywalls, a debate Mathew Ingram has been helping drive with a great deal of depth and with excellent links.

It is interesting to watch Ingram take on, and have to rebut, the problematic thinking that seems to so frequently comes out of the Columbia Journalism Review which, sadly, as America’s most important journal on the industry and trainer of next generation journalist, is probably the most conservative voice in the debate. That said, while its contributions are defensive and disappointing, they are understandable. And well, it makes for fascinating reading of how people deal with an industry in decline/collapse/[insert whatever word you prefer here]. Someone should package these and make it mandatory stuff for MBA types.

Personally, I’m somewhat indifferent. If paywalls can save newspapers (every indication suggests that they cannot) then great! If they can’t… okay. The sky will not fall and the world will not end. We will have to figure out some new models for thinking about how we dispense news and discuss issues. Or, perhaps better still, might rethink what “news” and “media” is and means (psst… already happening).

I don’t want to join the holy war around paywalls, so I’m not trying to add to that debate directly – you should read Ingram and the others yourself.

What I do want to contribute is what I’m experiencing as a consumer. And what I can say is that I’ve found paywalls to be profoundly beneficial to me as an avid and significant news consumer, but in ways that I’m pretty sure the news industry is going to find disturbing and disappointing.

So, what do I mean by that?

Well, in Canada several newspapers have thrown up paywalls – including the Globe and Mail (the main national newspaper) as well as the main “traditional” newspaper in my market – the Vancouver Sun. Each offers something like 20 free articles a month – akin to what the New York Times does. I also assume (but confess I don’t actually know) that if you arrive at an article via facebook or twitter, it does not count towards that total.

Now, every morning when I visit the home page of the Globe and the Sun and I see an article that might be interesting, I hover my mouse over it and ask myself the same question I suspect tens of thousands of others ask in that moment: “Is reading this article worth burning one my of my 20 free articles this month?” (or, framed another way: “is this article, sponge worthy?”)

And you know what? About 90% of the time, more actually, the answer is no.

And you know what else?

I’m grateful that this is the choice I’m being forced to make.

The internet is filled with news and articles that are wonderfully distracting and that I should probably not spend time reading. It turns out that by “internet” I also mean “pieces of news and articles in the pages of the Globe and the Sun.

What pay walls are reminding me of is that time is my most valuable (or scarce) resource, not access to content. By putting a price on their content the Globe, the Sun and everyone else with a paywall is simultaneously helping me put a “value” on my time. And that is a real service.

Interestingly, it makes getting a subscription is even less interesting to me. A subscription is basically a license for the Globe or Sun to eat up an even bigger chunk my time (which is scarce) with content (which is not scarce), much of which I really don’t need. This is not to say that there is not good content in either newspaper. There is. Sometimes some VERY good content. But about 99% of their content is either not relevant (or basically a form of entertainment) or worse, a kind of unhelpful distraction – what Clay Johnson would call “junk information” in his book, The Information Diet: A Case for Conscious Consumption (my review here). So why would I pay to get access behind a paywall when only 1% of the content is valuable to me and the other 99% is likely an unwanted time suck? Is the 1% worth it… so far… no. Indeed, if you are going to do paywalls, newspapers had better REALLY up their game.

And, well, if I just want to burn time and read fun things… well, the internet is the best thing in the world for that! There is almost unlimited quantities of high quality articles about things I don’t urgently need to know scattered all over it!

So I’m loving the paywall because it has made me more judicious about what I read. But that happens to mean less from these newspapers. In the end, if many people are like me (and, I’m a pretty avid news reader, so not really representational) I can’t see this boding well for the industry. Maybe some big papers, like the Guardian and the New York Times can survive on this model. I can’t see local newspapers, with their value chain and costs, surviving.

Indeed the other thing I’m paying for… the editorial piece, also becomes a starker choice to me. I may be an avid news reader, but the editor of these papers is not my editor – their audience is someone else (probably a boomer). Twitter continues to be my main news editor, particularly my “thought-leaders” list of people I respect (but don’t always agree with) give me a constant stream of interesting content.

I also want to make clear, I’m also not a “it must be free” kind of guy. I mean… I like free. But I don’t worship at its altar.

I pay for books all the time. I pay for my subscription to the Economist. There I feel about 60% of the content is really good. Of course – bigger caveat – I only get the digital edition, and I really care (e.g. pay a premium for) the fact that they read every edition to me. This means I can listen while exercising (running) or walking through airports. As a result the Economist doesn’t compete for my time in the same way the Globe or Sun is – but that is clever of them! They worked themselves into my less valuable “workout” and “commuting time”, not my more valuable “productivity” time. It means I also digest almost the entire thing every week.

So my sense is that pay walls can be a good thing for thoughtful users. I’m sure it will drive many to lower quality free content, but for many others it will help them think more judicious about how they spend their time. Frankly, not reading half the stuff I read and spending that time writing, reading something else, or spending time with my son would probably be a big boost to both my productivity and quality of life.

But that doesn’t solve any problems for newspapers.

Uber in Vancouver: Some Thoughts for the Passenger Transportation Board

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So last week the B.C. Passenger Transportation Board (PTB) effectively shut down Uber in Vancouver by compelling the rides they arrange must charge a minimum $75 a trip, regardless of distance. Shortly after being announced, twitter lit up as Uber notified its customers of the decision and the hashtag #UberVanLove began directing angry (and deserved) tweets at government officials.

My thoughts on all this are evolving but I think the PTB has made a poor decision and hope that a compromise can be found.

Here’s a long piece explaining why.

Uber is different. Most people think that Uber is simply a new middleman, trying to cut out the current dispatchers (or work with them). This is not true, they are much more than that. As you can read in this Time magazine article, Uber is not just about connecting riders with drivers. For example:

Abyzov says the company has a “science team” working on dispatch algorithms to produce a predictive heat-map that helps local car companies and their drivers better anticipate rider demand. “We’re helping our partners build successful small businesses,”

So let’s be clear. This is about a learning company that is figuring out how to preposition cars in neighborhoods because it can anticipate demand. As far as I know (or have experienced) There is no taxi or town-car company in the lower-mainland that is even thinking that way. And this type of thinking has big implications. In San Francisco, it means the average wait time for an Uber car is 3 minutes.

Think about that for a second (I’m looking at you PTB).

This means that:

Efficiency: People are getting around the city much faster – increasing their productivity. For a city trying to compete globally, this matters.
Reliable: I’ve had taxi companies not commit to send me a car when I’m not at a fixed address because they assume I’ll hop in a roaming taxi before the one I ordered arrives. Because Uber let’s you rate the taxi, but also lets the taxi rate you, it increases the reliability of both taxis and passengers. This means fewer taxies chasing passengers who aren’t there, and fewer passengers left stranded by untrusting dispatchers.
Fewer cars: People are much more likely to get out of their car (or not own one at all) if they know they have reliable alternatives. Public transit and car sharing are important to this, and a highly effective car service, available at one’s finger tips would be a powerful addition to the mix. Speaking of reliable: a 3 minute average is pretty god damn reliable. Certainly more reliable than the taxi experience many receive in Vancouver.
Greener: Pre-positioning cars in neighborhoods where you can predict demand means fewer cars trolling for fares. In addition, because they are nearer to their fares, Uber cars are doubly more efficient. This means fewer carbon emissions. Also, more Uber rides means less pressure on downtown parking and, as I mentioned above, possibly fewer cars on the road.
Serve more neighborhoods: When you can predict demand it means you’ll better serve those pesky “under-served” suburban neighbourhoods Rather than having everybody chasing fares in the busiest part of town, you can be more strategic about how you deploy your cars.
Convient: Using the app is just easier. I can order a taxi in a crowded bar without having to talk to (and thus be misheard) by the dispatcher. As a user, the thing I’ve loved most about Uber is that when you book a car, you get to see where it is. So rather than relying on the dispatcher “assuring” you the car is only 5 minutes away, you can see on the make exactly where it is. (This is a bonus for those with awkward addresses, I’ve actually guided lost drivers to my location when I’ve been in a complicated cul-de-sac).

The other mistake is to assume that Uber is about town cars. Here in Vancouver the cosy oligarchy of taxis companies – and (from what I understand) the complete lack of independent taxis – means that they don’t want to work with Uber. And yet, while I’m an Uber user I’ve actually only used its town-car service once (to try it out), I mostly use Uber for taxis – while traveling on business in Toronto. Again, there are benefits.

Foreigner friendly: As someone less familiar with street addresses in Toronto, and totally unaware of taxi phone numbers, Uber locates me and brings a taxi to me. I don’t have to know much about my address. This makes it exceedingly tourist friendly. In addition, drivers are rated… so I can choose not to use poorly rated drivers – a major benefit. Last time I checked, tourism was big business in Vancouver. Wouldn’t it be nice if we made our city even easier to navigate for tourists?
Better for independent drivers: While some observers rail that Uber is a “foreign firm” it could be a valuable supplier for independent taxi drivers (were we to have any). As such, it might support a broader taxi driver community, one that was not beholden to one of the four players in our market. That, one would think, would be good for taxi drivers (but admittedly, potentially less good for big four companies who presently can take $522 taxi license the city issues and then resell it to drivers for $250,000-$500,000 per shift. That’s a pretty serious mark up. And while I’m sure it is great for the taxi companies… it is less clear to me how the city government, taxpayer, taxi user, or taxi drivers. Feels like a lot of lost tax revenue, or expensive barrier to entry. Heaven forbid we break up that arrangement. For more on the shady world of the taxi business in Vancouver, I suggest you read this excellent article by Luke Brocki.

The PTB should engage Uber and find a compromise because you know, I know, and everyone knows, that the types of innovations I describe above aren’t going to emerge organically out of the taxi industry in Vancouver (or, in any city for that matter). Kill Uber and you kill any incentive for the taxi industry to engage with the future. And frankly, that’s a pretty crappy outcome for everyone who takes taxis.

But, it gets worse. The PTB needs to know that failing to engage in Uber won’t make this problem go away. Uber is a downright straightforward problem/opportunity to manage. What is the PTB going to do when Hailo, Lyft, or SideCar elects to expand to Vancouver? Will we have to sit back and watch with envy as Torontonians, New Yorkers, San Franciscans, Londoners, Washingtonians (the list goes on and on) and others enjoy these services?

I’m not saying the PTB should accomodate Uber, I’m saying the PTB needs a strategy to accomodate a whole wave of innovators that are going to descend on the transportation business. Uber is just an opportunity to being figuring this out. Sticking your head in the sand isn’t going to make these issues go away. More disruptive alternatives are on the way. You’d better start engaging this stuff today, while we passengers only hate you a little bit.

Vancouverites deserve a world class taxi and town car service. One that innovates and offers world class service. Today we have a company that is trying to do that, and more that are likely on the way. It would be nice if we had a PTB that worked with them rather than against them.

Some Additional Thought and Caveats on this Piece and this Issue.

1. Minister’s Response.

To describe the response by the minister responsible, Mary Polak as disappointing would be an understatement. Given she appoints the PTB and likely has some influence, she washed her hands of the issue so fast it she has little interest understanding what is actually going on. (For those who are upset at the PTB decision, I’d focus your tweets at her – particularly as she has gotten off relatively lightly.). My hope is that her, or someone in her staff, will see this piece and see that this issue won’t be going away, it is going to get bigger.

2. Some Thoughts on Uber

For those who who don’t like Uber and those interested in a little history:

Firstly. Yes, I am aware that Uber founder Travis Kalanick is a both fan of Ayn Rand and a fairly uncompromising person. Personally, I’m not a fan Ayn Rand’s writings. I think her books are terrible and that her understanding of how markets and society work (to say nothing of human relationships) is deeply, deeply flawed and certainly lacks nuance. And while some people use this as a basis to write mean articles about Kalanick I think it is a pretty poor line of attack. While I may disagree with its founders ideology (if that is what it is), I’m much more interested in the company’s impact and business model.

In regards to Kalanick being hardheaded (or other, less flattering descriptors), I’m aware of that too. Of course, the people who judge him are usually those who have not tried to do a start up, much less one that tries to alter a sometimes more than 100 year old industry that does not always benefit consumers (or its drivers). Do I agree with Uber’s approach? Not always. I think they screwed up badly in New York. At the same time, in many cities, I think they have had little choice. The current operators – who, let me remind you, compose a market oligarchy – are not exactly interested in innovation or new entrants. If you are going to try to change the way taxi service is delivered… being hardheaded is probably a job requirement. The fact that some taxi companies go after them is not a sign of them being a bully, it could be a sign that they will make the market place more competitive. Nor do I think that they mobilize their users makes them a “bully.” I find it interesting to contrast Uber with the case of PickupPal, a Canadian company that was equally at odds with similar transportation rules and who also started a massive petition (and ultimately had the law changed – much to the chagrin of bus companies). It’s noteworthy that PickupPal is not portrayed as the bully and is indeed celebrated as the triumph of the consumer over the vested interests of the status quo players.

3. Other Reading

Finally, Karen Fung has a good piece about the complexity of transport policy that I don’t really think makes the case for not letting Uber into the market, but is worth the read.

Also, as I mentioned in the piece, Luke Brocki’s piece, Taxiland, is definitely worth reading.

4. Poorly Formed Tweets

Oh, and I was disappointed to see this tweet by a journalist who I normally find quite thoughtful. A desire for more buses and for services like Uber are hardly mutually exclusive. Indeed, trying to pit the two options against each strikes me as downright counter productive. I’m in favour of all solutions that make increase options and diminish the dependency on car ownership. I’m happy to pay more taxes for better bus service, and at the same time, Uber strikes me as another (low cost) way to spark innovation and increase options.

Proactive Disclosure – An Example of Doing it Wrong from Shared Service Canada

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Just got flagged about this precious example of doing proactive disclosure wrong.

So here is a Shared Service Canada website dedicated the Roundtable on Information Technology Infrastructure. Obviously this is a topic of real interest to me – I write a fair bit about delivering (or failing to deliver) government service online effectively. I think it is great that Service Canada is reaching out to the private sector to try to learn lessons. Sadly, some of the links on the site didn’t work for me, specifically the important sounding: Summary of Discussions: Shared Services Canada Information and Communications Technology Sector Engagement Process.

But that is not the best part. Take a look at the website below. In one glance the entirety of the challenge of rethinking communications and government transparency is nicely summed up.

Apparently, if you want a copy of the presentation the Minister made to the committee you have to request it.

That’s odd, since really, the cost of making it downloadable is essentially zero. While the cost of emailing someone and making them get it back to you, is well, a colossal waste of my, and that public servants, time. (Indeed, to demonstrate this to the government, I hope that everyone of my readers requests this document).

There are, in my mind, two explanations for this. The first, more ominous one, is that someone wants to create barriers to getting this document. Maybe that is the case – who knows.

The second, less ominous, but in some ways more depressing answer is that this is simply standard protocol, or worse, that no one involved in this site has the know how or access rights to upload the document.

Noted added 6 mins after posting: There is also a third reason, less innocuous than reasons one and two. That being that the government cannot post the document unless it is in both official languages. And since this presentation is only available in (likely) english, it cannot be posted. This actually feels the most likely and will be teeing up a whole new post shortly on bilingualism and transparency. The number of times I’m told a document or data set can’t be proactively shared because of language issues is frustratingly frequent. I’ve spoken to the Language Commissioner on this and believe more dialogue is required. Bilingualism cannot be an excuse for a poor experience, or worse, opaque government.

In either case, it is a sad outcome. Either our government is maliciously trying to make it difficult to get information to Canadians (true of most governments) or they don’t know how to.

Of course, you may be saying… but David – who cares if there is an added step to geting this document that is slightly inconvenient? Well, let me remind you THIS IS SHARED SERVICE CANADA AND IT IS ABOUT A COMMITTEE FOCUSED ON DELIVERING ONLINE SERVICES (INTERNALLY AND EXTERNALLY) MORE EFFECTIVELY. If there was one place where you wanted to show you were responsive, proactive and reducing the transaction costs to citizens… the kind of approach you were going to use to make all government service more efficient and effective… this would be it.

The icing on the cake? There is that beautiful “transparency” button right below the text that talks about how the government is interested in proactive disclosure (see screenshot below). I love the text here – this is exactly what I want my government to be doing.

And yet, this is experience, while I’m sure conforming to the letter of the policy, feels like it violates pretty much everything around the spirit of proactive disclosure. This is after all a document that has already been made public… and now we are requiring citizens to request it.

We have a lot of work to do.

Making Bug Fixing more Efficient (and pleasant) – This Made Me Smile

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The other week I was invited down to the Bay Area Drupal Camp (#BadCamp) to give a talk on community management to a side meeting of the 100 or so core Drupal developers.

I gave a hour long version of my OSCON keynote on the Science of Community Management and had a great time engaging what was clearly a room of smart, caring people who want to do good things, ship great code, and work well with one anther. As part of my talk I ran them through some basic negotiation skills – particularly around separating positions (a demand) from interests (the reasons/concerns that created that demand). Positions are challenging to work with as they tend to lock people into what they are asking and makes outcomes either binary or fosters compromises that may make little sense, where as interests (which you get by being curious and asking lots of whys) can create the conditions for make creative, value generative outcomes that also strengthen the relationship.

Obviously, understanding the difference is key, but so is acting on it, e.g. asking questions are critical moments to try to open up the dialogue and uncover interests.

Seems like someone was listening during the workshop since I just sent this link to a conversation about a tricky drupal bug (Screen shot below)

I love the questions. This is exactly the type of skill and community norms I think we need to build tino more of bug tracking environments/communities, which can sometimes be pretty hostile and aggressive, something that I think turns off many potentially good contributors.

International Open Data Day – An Update

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(Can’t read the whole post? Important stuff is highlighted in grey below.)

Two years ago, I met some open data advocates from Brazil and Ottawa, and we schemed of doing an international open data hackathon. A few weeks later, this blog post launched International Open Data Day with the hope that supporters would emerge in 5-6 cities to host local events.

Instead, on December 4th, 2010, an amazing group of volunteers organized events in 60 cities on every continent except Australia (OK, and Antartica). A year later, our second effort enjoyed similar success – including Australia this time! We also benefited from a generous informal partnership with the Random Hacks of Kindness, who let our open data hackers participate in spaces where they were organizing hackathons on the same day.

A number of people have been asking me about this year’s International Open Data Day. First, I want to apologize to the community of wonderful people who have been asking me if will we do it again. Between an outrageous travel schedule, work commitments and, most happily, the advent of my little boy – whose 36 hour birth(!) prevented me from participating in Vancouver’s Open Data hackathon last year(!) – I have been remiss in not organizing and communicating information regarding this year’s event.

So, over the past 4 weeks I’ve been consulting with some of the previous year’s organizers (I deeply apologize if I have not spoken to you), and here is the status update:

I’ve been reminded of the awesomeness, organizational skill, patience and general wonderfulness of open data advocates around the world

We are DEFINITELY DOING International Open Data Day and WANT YOU TO PARTICIPATE

For a number of reasons* we are MOVING THE EVENT TO FEB 23rd, 2013.

We are more keen than ever to have this not just be about hacking code, but reusing other projects and BROADENING THE COMMUNITY by using data to do all sorts of things from analysis to visualizations and even just sharing an interesting insight.

So with that in mind, here are a few things that are going on as we speak.

If you are interested in participating in, or organizing an International Open Data Day event in your community, please join the Open Data Day mailing list. We’ll post any updates there, and it is a great place to ask questions and get to know other organizers.

You may have noticed that opendataday.org is not working. Yikes! We know! We are in the midst of transferring the site over to the Open Knowledge Foundation, who has generously offered to manage it.

Once we get the site up – and especially the wiki – I’ll be hitting the mailing list again asking people to start registering their cities, noting locations and sharing information. In the past, the wiki has been amazingly well organized, which has been exceedingly helpful and awesome.

For those interested in hosting an event, there is a great guide on how to do so, thanks to Kevin McArthur, Herb Lainchbury and Donna Horn – that can be found here.

We are starting to reach out to some of our past partners including The Open Knowledge Foundation, Data.gov/White House, the World Bank, ScraperWiki, the Sunlight Foundation, various Hackerspaces, Hacks and Hackers – and anyone else who wants to be involved, we’d love to hear from you.

Feel free to send me an email if you have any thoughts, questions or concerns.

Okay, apologies for the long blog post and the delay in communicating about this. If you have participated or organized an event in the past, thank you. I hope you’re excited about doing it again and that the new date works for you!

Am looking forward to hearing from you.

*Those reasons being: too close to various holidays, too much at the best time of summer in the southern hemisphere, too little time to organize, timing around the Code for America fellows being in their partner cities.

Ontario's Open Data Policy: The Good, The Bad, The Ugly and the (Missed?) Opportunity

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Yesterday the province of Ontario launched its Open Data portal. This is great news and is the culmination of a lot of work by a number of good people. The real work behind getting open data program launched is, by and large, invisible to the public, but it is essential – and so congratulations are in order for those who helped out.

Clearly this open data portal is in its early stages – something the province is upfront about. As a result, I’m less concerned with the number of data sets on the site (which however, needs to, and should, grow over time). Hopefully the good people in the government of Ontario have some surprises for us around interesting data sets.

Nor am I concerned about the layout of the site (which needs to, and should, improve over time – for example, once you start browsing the data you end up on this URL and there is no obvious path back to the open data landing page, it makes navigating the site hard).

In fact, unlike some I find any shortcomings in the website downright encouraging. Hopefully it means that speed, iteration and an attitude to ship early has won out over media obsessive, rigid, risk adverse approach governments all to often take. Time will tell if my optimism is warranted.

What I do want to focus on is the license since this is a core piece of infrastructure to an open data initiative. Indeed, it is the license that determines whether the data is actually open or closed. And I think we should be less forgiving of errors in this regard than in the past. It was one thing if you launched in the early days of open data two or four years ago. But we aren’t in early days anymore. There over 200 government open data portal around the world. We’ve crossed the chasm people. Not getting the license right is not a “beta” mistake any more. It’s just a mistake.

So what can we say about the Ontario Open Data license?

First, the Good

There is lots of good things to be said about it. It clearly keys off the UK’s Open Government License much like BC’s license did as does the proposed Canadian Open Government License. This means that above all, it is written in plain english and is easily understood. In addition, the general format is familiar to many people interested in open data.

The other good thing about the license (pointed out to me by the always sharp Jason Birch) is that it’s attribution clause is softer than the UK, BC or even the proposed Federal Government license. Ontario uses the term “should” whereas the others use the term “must.”

Sadly, this one improvement pales in comparison to some of the problems and, most importantly the potentially lost opportunity I urgently highlight at the bottom of this post.

The Bad

While this license does have many good qualities initiated by the UK, it does suffer from some major flaws. The most notable comes in this line:

Ontario does not guarantee the continued supply of the Datasets, updates or corrections or that they are or will be accurate, useful, complete, current or free and clear of any possible third party copyright, moral right, other intellectual property right or other claim.

Basically this line kills the possibility that any business, non-profit or charity will ever use this data in any real sense. Hobbyests, geeks, academics will of course use it but this provision is deeply flawed.

Why?

Well, let me explain what it means. This says that the government cannot be held accountable to only release data it has the right to release. For example: say the government has software that tracks road repair data and it starts to release it and, happily all sorts of companies and app developers use it to help predict traffic and do other useful things. But then, one day the vendor that provided that road repair tracking software suddenly discovers in the fine print of the contract that they, not the government, own that data! Well! All those companies, non-profits and app developers are suddenly using proprietary data, not (open) government data. And the vendor would be entirely in its rights to go either sue them, or demand a license fee in exchange of letting them continue to use the data.

Now, I understand why the government is doing this. It doesn’t want to be liable if such a mistake is made. But, of course, if they don’t want to absorbe the risk, that risk doesn’t magically disappear, it transfers to the data user. But of course they have no way of managing that risk! Those users don’t know what the contracts say and what the obligations are, the party best positioned to figure that out is the government! Essentially this line transfers a risk to the party (in this case the user) that is least able to manage it. You are left asking yourself, what business, charity or non-profit is going to invest hundreds of thousands of dollars (or more) and people time to build a product, service or analysis around an asset (government data) that it might suddenly discover it doesn’t have the right to use?

The government is the only organization that can clear the rights. If it is unwilling to do so, then I think we need to question whether this is actually open data.

The Ugly

But of course the really ugly part of the license (which caused me to go on a bit of a twitter rant) comes early. Here it is:

If you do any of the above you must ensure that the following conditions are met:

your use of the Datasets causes no harm to others.

Wowzers.

This clause is so deeply problematic it is hard to know where to begin.

First, what is the definition of harm? If I use open data from the Ontario government to rate hospitals and the some hospitals are sub-standard am I “harming” the hospital? Its workers? The community? The Ministry of Health?

So then who decides what the definition is? Well, since the Government of Ontario is the licensor of the data… it would seem to suggest that they do. Whatever the standing government of the data wants to decree is a “harm” suddenly becomes legit. Basically this clause could be used to strip many users – particularly those interested in using the data as a tool for accountability – of their right to use the data, simply because it makes the licensor (e.g. the government) uncomfortable.

A brief history lesson here for the lawyers who inserted this clause. Back in in March of 2011 when the Federal Government launched data.gc.ca they had a similar clause in their license. It read as follows:

“You shall not use the data made available through the GC Open Data Portal in any way which, in the opinion of Canada, may bring disrepute to or prejudice the reputation of Canada.”

While the language is a little more blunt, its effect was the same. After the press conference launching the site I sat down with Stockwell Day (who was the Minister responsible at the time) for 45 minutes and walked him through the various problems with their license.

After our conversations, guess how long it took for that clause to be removed from the license? 3 hours.

If this license is going to be taken seriously, that clause is going to have to go, otherwise, it risks being a laughing stock and a case study of what not to do in Open Government workshops around the world.

(An aside: What was particularly nice was the Minister Day personally called my cell phone to let me know that he’d removed that clause a few hours after our conversation. I’ve disagreed with Day on many, many, many things, but was deeply impressed by his knowledge of the open data file and his commitment to its ideals. Certainly his ability to change the license represents one of the fastest changes to policy I’ve ever witnessed.)

The (Missed?) Opportunity

What is ultimately disappointing about the Ontario license however is that it was never needed. Why every jurisdiction feels the need to invent its own license is always beyond me. What, beyond the softening of the attribution clause, has the Ontario license added to the Open Data world. Not much that I can see. And, as I’ve noted above, it many ways it is a step back.

You know data users would really like? A common license. That would make it MUCH easier to user data from the federal government, the government of Ontario and the Toronto City government all at the same time and not worry about compatibility issues and whether you are telling the end user the right thing or not. In this regard the addition of another license is a major step backwards. Yes, let me repeat that for other jurisdictions thinking about doing open data: The addition of another new license is a major step backwards.

Given that the Federal Government has proposed a new Open Government License that is virtually identical to this license but has less problematic language, why not simply use it? It would make the lives of the people who this license is supposed to enable – the policy wonks, the innovators, the app developers, the data geeks – lives so much easier.

That opportunity still exists. The Government of Ontario could still elect to work with the Feds around a common license. Indeed given that the Ontario Open Data portal says they are asking for advice on how to improve this program, I implore, indeed beg, that you consider doing that. It would be wonderful if we could move to a single license in this country, and if a partnership between the Federal Government and Ontario might give such an initiative real momentum and weight. If not, into the balkanized abyss of a thousand licenses we wil stumble.

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