Yesterday, Tom Slee wrote a blog post called “Why the ‘Open Data Movement’ is a Joke,” which – and I say this as a Canadian who understands the context in which Slee is writing – is filled with valid complaints about our government, but which I feel paints a flawed picture of the open data movement.

Evgeny Morozov tweeted about the post yesterday, thereby boosting its profile. I’m a fan of Evgeny. He is an exceedingly smart and critical thinker on the intersection of technology and politics. He is exactly what our conversation needs (unlike, say, Andrew Keen). I broadly felt his comments (posted via his Twitter stream) were both on target: we need to think critically about open data; and lacked nuance: it is possible for governments to simultaneously become more open and more closed on different axis. I write all this confident that Evgeny may turn his ample firepower on me, but such is life.

So, a few comments on Slee’s post:

First, the insinuation that the open data movement is irretrievably tainted by corporate interests is so over the top it is hard to know where to begin to respond. I’ve been advocating for open data for several years in Canada. Frankly, it would have been interesting and probably helpful if a large Canadian corporation (or even a medium sized one) took notice. Only now, maybe 4-5 years in, are they even beginning to pay attention. Most companies don’t even know what open data is.

Indeed, the examples of corporate open data “sponsors” that Slee cites are U.S. corporations, sponsoring U.S. events (the Strata conference) and nonprofits (Code for America – of which I have been engaged with). Since Slee is concerned primarily with the Canadian context, I’d be interested to hear his thoughts on how these examples compare to Canadian corporate involvement in open data initiatives – or even foreign corporations’ involvement in Canadian open data.

And not to travel too far down the garden path on this, but it’s worth noting that the corporations that have jumped on the open data bandwagon in the US often have two things in common: First, their founders are bona fide geeks, who in my experience are both interested in hard data as an end unto itself (they’re all about numbers and algorithms), and want to see government-citizen interactions – and internal governmental interactions, too – made better and more efficient. Second, of course they are looking after their corporate interests, but they know they are not at the forefront of the open data movement itself. Their sponsorship of various open data projects may well have profit as one motive, but they are also deeply interested in keeping abreast of developments in what looks to be a genuine Next Big Thing. For a post the Evgeny sees as being critical of open data, I find all this deeply uncritical. Slee’s post reads as if anything that is touched by a corporation is tainted. I believe there are both opportunities and risks. Let’s discuss them.

So, who has been advocating for open data in Canada? Who, in other words, comprises the “open data movement” that Slee argues doesn’t really exist – and that “is a phrase dragged out by media-oriented personalities to cloak a private-sector initiative in the mantle of progressive politics”? If you attend one of the hundreds of hackathons that have taken place across Canada over the past couple years – like those that have happened in Vancouver, Regina, Victoria, Montreal and elsewhere – you’ll find they are generally organized in hackspaces and by techies interested in ways to improve their community. In Ottawa, which I think does the best job, they can attract hundreds of people, many who bring spouses and kids as they work on projects they think will be helpful to their community. While some of these developers hope to start businesses, many others try to tackle issues of public good, and/or try to engage non-profits to see if there is a way they can channel their talent and the data. I don’t for a second pretend that these participants are a representative cross-section of Canadians, but by and large the profile has been geek, technically inclined, leaning left, and socially minded. There are many who don’t fit that profile, but that is probably the average.

Second, I completely agree that this government has been one of the most – if not the most – closed and controlling in Canada’s history. I, like many Canadians, echo Slee’s frustration. What’s worse, is I don’t see things getting better. Canadian governments have been getting more centralized and controlling since at least Trudeau, and possibly earlier (Indeed, I believe polling and television have played a critical role in driving this trend). Yes, the government is co-opting the language of open data in an effort to appear more open. All governments co-opt language to appear virtuous. Be it on the environment, social issues or… openness, no government is perfect and indeed, most are driven by multiple, contradictory goals.

As a member of the Federal Government’s Open Government Advisory Panel I wrestle with this challenge constantly. I’m try hard to embed some openness into the DNA of government. I may fail. I know that I won’t succeed in all ways, but hopefully I can move the rock in the right direction a little bit. It’s not perfect, but then it’s pretty rare that anything involving government is. In my (unpaid, advisory, non-binding) role I’ve voiced that the government should provide the Access to Information Commissioner with a larger budget (they cut it) and that they enable government scientists to speak freely (they have not so far). I’ve also advocated that they should provide more open data. There they have, including some data sets that I think are important – such as aid data (which is always at risk of being badly spent). For some, it isn’t enough. I’d like for there to be more open data sets available, and I appreciate those (like Slee – who I believe is writing from a place of genuine care and concern) who are critical of these efforts.

But, to be clear, I would never equate open government data as being tantamount to solving the problems of a restrictive or closed government (and have argued as much here). Just as an authoritarian regime can run on open-source software, so too might it engage in open data. Open data is not the solution for Open Government (I don’t believe there is a single solution, or that Open Government is an achievable state of being – just a goal to pursue consistently), and I don’t believe anyone has made the case that it is. I know I haven’t. But I do believe open data can help. Like many others, I believe access to government information can lead to better informed public policy debates and hopefully some improved services for citizens (such as access to transit information). I’m not deluded into thinking that open data is going to provide a steady stream of obvious “gotcha moments” where government malfeasance is discovered, but I am hopeful that government data can arm citizens with information that the government is using to inform its decisions so that they can better challenge, and ultimately help hold accountable, said government.

Here is where I think Evgeny’s comments on the problem with the discourse around “open” are valid. Open Government and Open Data should not be used interchangeably. And this is an issue Open Government and Open Data advocates wrestle with. Indeed, I’ve seen a great deal of discussion and reflection come as a result of papers such as this one.

Third, the arguments around StatsCan all feel deeply problematic. I say this as the person who wrote the first article (that I’m aware of) about the long form census debacle in a major media publication and who has been consistently and continuously critical of it. This government has had a dislike for Statistics Canada (and evidence) long before open data was in their vocabulary, to say nothing of a policy interest. StatsCan was going to be a victim of dramatic cuts regardless of Canada’s open data policy – so it is misleading to claim that one would “much rather have a fully-staffed StatsCan charging for data than a half-staffed StatsCan providing it for free.” (That quote comes from Slee’s follow-up post, here.) That was never the choice on offer. Indeed, even if it had been, it wouldn’t have mattered. The total cost of making StatsCan data open is said to have been $2 million; this is a tiny fraction of the payroll costs of the 2,500 people they are looking to lay off.

I’d actually go further than Slee here, and repeat something I say all the time: data is political. There are those who, naively, believed that making data open would depoliticize policy development. I hope there are situations where this might be true, but I’ve never taken that for granted or assumed as much: Quite the opposite. In a world where data increasingly matters, it is increasingly going to become political. Very political. I’ve been saying this to the open data community for several years, and indeed was a warning that I made in the closing part of my keynote at the Open Government Data Camp in 2010. All this has, in my mind, little to do with open data. If anything, having data made open might increase the number of people who are aware of what is, and is not, being collected and used to inform public policy debates. Indeed, if StatsCan had made its data open years ago it might have had a larger constituency to fight on its behalf.

Finally, I agree with the Nat Torkington quote in the blog post:

Obama and his staff, coming from the investment mindset, are building a Gov 2.0 infrastructure that creates a space for economic opportunity, informed citizens, and wider involvement in decision making so the government better reflects the community’s will. Cameron and his staff, coming from a cost mindset, are building a Gov 2.0 infrastructure that suggests it will be more about turning government-provided services over to the private sector.

Moreover, it is possible for a policy to have two different possible drivers. It can even have multiple contradictory drivers simultaneously. In Canada, my assessment is that the government doesn’t have this level of sophistication around its thinking on this file, a conclusion I more or less wrote when assessing their Open Government Partnership commitments. I have no doubt that the conservatives would like to turn government provided services over to the private sector, and open data has so far not been part of that strategy. In either case, there is, in my mind, a policy infrastructure that needs to be in place to pursue either of these goals (such as having a data governance structure in place). But from a more narrow open data perspective, my own feeling is that making the data open has benefits for public policy discourse, public engagement, and economic reasons. Indeed, making more government data available may enable citizens to fight back against policies they feel are unacceptable. You may not agree with all the goals of the Canadian government – as someone who has written at least 30 opeds in various papers outlining problems with various government policies, neither do I – but I see the benefits of open data as real and worth pursuing, so I advocate for it as best I can.

So in response to the opening arguments about the open data movement…

It’s not a movement, at least in any reasonable political or cultural sense of the word.

We will have to agree to disagree. My experience is quite the opposite. It is a movement. One filled with naive people, with skeptics, with idealists focused on accountability, developers hoping to create apps, conservatives who want to make government smaller and progressives who want to make it more responsive and smarter. There was little in the post that persuaded me there wasn’t a movement. What I did hear is that the author didn’t like some parts of the movement and its goals. Great! Please come join the discussion; we’d love to have you.

It’s doing nothing for transparency and accountability in government,

To say it is doing nothing for transparency seems problematic. I need only cite one data set now open to say that isn’t true. And certainly publication of aid data, procurement data, publications of voting records and the hansard are examples of places where it may be making government more transparent and accountable. What I think Slee is claiming is that open data isn’t transforming the government into a model of transparency and accountability, and he’s right. It isn’t. I don’t think anyone claimed it would. Nor do I think the public has been persuaded that because it does open data, the government is somehow open and transparent. These are not words the Canadian public associates with this government no matter what it does on this file.

It’s co-opting the language of progressive change in pursuit of what turns out to be a small-government-focused subsidy for industry.

There are a number of sensible, critical questions in Slee’s blog post. But this is a ridiculous charge. Prior to the data being open, you had an asset that was paid for by taxpayer dollars, then charged for at a premium that created a barrier to access. Of course, this barrier was easiest to surmount for large companies and wealthy individuals. If there was a subsidy for industry, it was under the previous model, as it effectively had the most regressive tax for access of any government service.

Indeed, probably the biggest beneficiaries of open data so far have been Canada’s municipalities, which have been able to gain access to much more data than they previously could, and have saved a significant amount of money (Canadian municipalities are chronically underfunded.) And of course, when looking at the most downloaded data sets from the site, it would appear that non-profits and citizens are making good use of them. For example, the 6th most downloaded was the Anthropogenic disturbance footprint within boreal caribou ranges across Canada used by many environmental groups; number 8 was weather data; 9th was Sales of fuel used for road motor vehicles, by province and territory, used most frequently to calculate Green House Gas emissions; and 10th the Government of Canada Core Subject Thesaurus – used, I suspect, to decode the machinery of government. Most of the other top downloaded data sets related to immigration, used it appears, to help applicants. Hard to see the hand of big business in all this, although if open data helped Canada’s private sector become more efficient and productive, I would hardly complain.

If your still with me, thank you, I know that was a long slog.