Tag Archives: cdnpoli

An open letter to new MPs

Dear new MPs,

Congratulations on being elected! You’ve every right to be excited – as a fellow Canadian who is hoping that the house can be changed, I’m excited too. You are the largest group of young MPs to hit the house in a long time. You’re also mostly from the same province (Quebec) and of the same party (NDP). So you have a lot in common – you can act collectively. Don’t be afraid to use that power.

Because as exciting as everything is, things are stacked against you. Remember. Ottawa has worked itself into a nice groove around how MPs are supposed to behave and how the house is supposed to work. Everything will be pushing you into that mold.

First, you’ll arrive in Ottawa (maybe you already have) and you’ll partake in the one day (half-day?) new MP orientation. Don’t expect much. If you want a real orientation, find Aaron Wherry. Read his article here on why the House is broken (there is this video of him too). This is the orientation you really need.

But the real first test will come when you set up your office. The test will happen so quickly and so subtly you won’t even notice it. It will go something simple like this: you want to use a Mac or an Android phone as an MP. A friendly parliamentary IT staff will deferentially but sternly tell you that for reasons of security and compatibility this isn’t possible. There’ll be a moment of awkwardness and, the next thing you know, you’ll be sitting in your office, using a HP desktop computer with Windows 7 thinking “I’m so lucky to have been set up this quickly…”

Stop. Stop right there.

The real lesson that will be learned there is that – when it comes to parliamentary staff – you will do as you’re told. That you are young enough, pliant enough, naive enough to follow their lead. Remember. You are the elected officials. They are the staff. It’s their job to meet your needs. Not the other way around. If you are going to reshape parliament, make it more open, more democratic, more accessible to a broader group of possible MPs you cannot learn the first lesson they will try to teach you: compliance.

Sadly, it isn’t just the staff that will be trying to prod you into the gentle groove of an MP. One of your biggest obstacles will be your party elders. They will dangle a big carrot in front of you: the opportunity to be in government and the opportunity to be in Cabinet. In exchange they too will want compliance. You must read from the party line, sit on this committee, not that committee, ask this questions in the house, don’t ask that one. Be a good MP.

Stop. Stop right there.

Don’t believe it. Maybe you will have an opportunity to be in government, and even cabinet (and even if you do, even these positions are so controlled by the PMO as to have varying degrees of autonomy). But the reality is: it isn’t likely. Few people get into cabinet. Still more starkly, many people don’t get re-elected (it happens to even the best of politicians). You may think you are playing a long game, but the truth is, the opportunity to be difficult, to demand change in how the house works, to cause a fuss, is now. Not tomorrow. If you wait, you may think you’ll be able to change the house one day in the future, but in reality, the house will change you. The best way to change our house of parliament is to have a group of young MPs angry, hungry, carefree and naive enough to simply demand it. That’s you. That’s right now.

I don’t pretend it will be easy. You’ve got the government, parliamentary staff, even your own party leaders working against you in different ways. But don’t underestimate your influence. Even the small things you can demand could make everybody’s lives more interesting. Make CPAC pan out when MPs are talking so we can see how few people are in the house. Demand a bigger research budget so that you can display some independent thought on issues and not rely on your party’s research bureau for all your information. Blog about your committees so that Canadians don’t have to just rely on Kady O’Malley (who can only be in so many committee meetings at one time).

You’ve got a chance to make a fuss. I hope you’ll take it. But either way. Good luck.

PS Sorry for any typos, sadly lost the first draft of this, so have been rushing to publish this version before flying out the door.

How not to woo Liberals

There is no doubt that many Liberals are engaged in some (much needed) deep introspection.

But on the issue of a merger with the NDP Douglas Bell’s piece in the Globe may have been one of the worst thing proponents (on either the NDP or Liberal side) could have asked for.

Bell’s piece, which links to a West Wing clip that ends with the line “there needs to be TWO parties” is beset by all the things NDPers claim to hate about Liberals: smugness, hypocrisy, and callous insensitivity. If this is the opening move in a potential merger, it may have been on of the shortest windows of opportunity in the history of politics.

It begins with the fact that Bell – by choosing this video – suggests that Liberals have rolled over on every major policy issue and lack backbone. For a party whose members likely feel they have innumerable social justice victories under their belt this is not an effort to woo those with ideas and a desire to advance the progressive cause, it is cheap effort to insult them. While I work as a negotiation consultant, you don’t need to be an expert to know that if you are looking to create a partnership, mocking the people you seek to engage isn’t an effective a strategy.

What makes the piece more galling is that Bell himself rejected a proposition in the past. Indeed, only last year Bell noted that a merger might not work and worse, might compromise the NDP. Better, he said, for the NDP to wait until conditions were more in its favour. Of course, now that the tables have turned, Bell expects Liberals to do the very thing he himself was unwilling to do: compromise. If the terms of a merger are do as I say, not as I do, they probably aren’t that appealing. The NDP was patient and successful. Bell’s tone will – I suspect – leave Liberals thinking they’d be better off follow his advice from last year and not his dictate from this week. Plan, build and wait until conditions are more favorably. (Note to Liberals: if it should come to pass, be sure that you write a significantly kinder offer to the NDP.)

But more importantly, the longer term implications of the election are still unknown. Most federalists would agree that if you have several referendums for independence and win only the most recent one, your claim to secede is not completely firm. The same probably applies to elections. The NDP has run in elections for decades. A single “win” which sees it sitting in opposition (not government) does not a viable or sustainable alternative governing party one make. Today the NDP is much, much closer to that goal and its members have a wonderful opportunity to demonstrate that they can be a national political party that sustains a strong base. Many hope it can. But to simply demand Liberals fold up camp because of a single NDP success (not victory) takes the arrogance of well, the worst type of liberal.

Moreover, speaking of secession votes, there are real risks ahead. It’s worth noting that the NDP’s gains were largely made by opening up the pandora’s box of national unity. As bad as the Liberal’s “snakebite” may be in Quebec, the NDP may have just received its own, far more potent one, the type that bit Muroney. I pray, for the country, they have not. But consider this quote from the NDP’s youngest MP: “What I’ve said throughout the campaign is that sovereignty, we know, won’t happen in Ottawa. As long as Quebec hasn’t decided, why not have a [federal] government in Quebec’s image?… That’s how I campaigned: As long as we’re in Canada, why not have a government in Quebec’s image.” In short, the NDP is a pit stop on the way to sovereignty. If the choice is between defining a progressive agenda at the cost, or defining a progressive agenda within Canada – I suspect that most Liberals (and many Canadians) will choose the latter. Can Layton and the NDP make this coalition stick? And is it a coalition federalists want to be part of? These are tough questions and tradeoffs that will have to be debated. They are also debates that, historically, have ended in tears for all involved.

Does the country need two parties? Unclear. What is clear is that such an end game won’t emerge on the left if the terms of debate are defined by insults. The attitude in Bell’s article suggests that any kind of reconciliation and merger will be much, much more difficult then some people assume. Ultimately, politics is driven by those who believe in a vision they want others to share, to win them over that vision needs to feel inclusive for people, not degrading. I’m sure the post felt fun to write but it is hard to see how it advanced the cause of the NDP.

 

Why Does Election Canada Hate Young People?

This weekend the New York Times had an interesting article about how the BBC and other major media organizations are increasingly broadcasting new television episodes simultaneously around the world. The reason? The internet. Fans in the UK aren’t willing to wait months to watch episodes broadcast in the United States and vice versa. Here a multi-billion dollar industry, backed by copyright legislation, law enforcement agencies, and the world’s most powerful governments and trade organizations is recognizing a simple fact: people want information, and it is increasingly impossible to stop them from sharing and getting it.

Someone at Elections Canada should read the article.

Last week Elections Canada took special care to warn Canadian citizens that they risked $25,000 fines if they posted about election results on social network sites before all the polls are closed. Sadly, Election Canada’s approach to the rise of new internet driven technologies speaks volumes about its poor strategy for engaging young voters.

The controversy centers around Section 329 of the Canada Elections Act which prohibits transmitting election results before polling stations have closed. The purpose of the law is to prevent voters on the west coast from being influenced by outcomes on the east coast (or worse, choosing not to vote at all if the election has essentially be decided). Today however, with twitter, facebook and blogs, everybody is a potential “broadcaster.”

Westerner may have a hard time sympathizing with Election Canada’s quandary. It could simply do the equivalent to what the BBC is doing with its new TV shows: not post any results until after all the voting booths had closed. This is a much simpler approach then trying to police and limit the free speech of 10 million Canadian social media users (and to say nothing of the 100s of millions of users outside of Canada who do not fall under its jurisdiction).

More awkwardly, it is hard to feel that the missive wasn’t directed at the very cohort of Election’s Canada is trying to get engaged in elections: young people. Sadly, chastising and scaring the few young people who want to talk about the election with threats of fines seems like a pretty poor way to increase this engagement. If voting and politics is a social behaviour – and the evidence suggests that it is – then you are more likely to vote and engage in politics if you know that your friends vote and engage in politics. Ironically, this might make social media might be the best thing to happen to voting since the secret ballot. So not only is fighting this technology a lost cause, it may also be counter productive from a voter turnout perspective.

Of course, based on the experience many young voters I talk to have around trying to vote, none of this comes as a surprise.

In my first two Canadian elections I lived out of the country. Both times my mail in ballot arrived after the election and were thus ineligible. During the last election I tried to vote at an advanced poll. It was a nightmare. It was hard to locate on the website and the station ended up being a solid 15 minute walk away any of the three nearest bus routes. Totally commute time? For someone without a car? Well over an hour and a half.

This are not acceptable outcomes. Perhaps you think I’m lazy? Maybe. I prefer to believe that if you want people to vote – especially in the age of a service economy – you can’t make it inconvenient. Otherwise the only people who will vote will be those with means and time. That’s hardly democratic.

Besides, it often feels our voting infrastructure was essentially built by and for our grandparents. Try this out. In the 1960’s if you were a “young person” (e.g 20-30) you were almost certainly married and had two kids. You probably also didn’t move every 2 years. In the 60’s the average marriage age was 24 for men, 20 for women. Thinking in terms of the 1950s and 60s: What were the 3 institutions you probably visited on a daily basis? How about A) the local community centre, B) the local elementary school, and C) the local church.

Now, if you are between the age of 20 and 35 or under, name me three institutions you probably haven’t visited in over a decade.

Do young people not vote because they are lazy? Maybe. But they also didn’t have a voting system designed around them like their grandparents did. Why aren’t their voting booths in subway stations? The lobbies of office towers? The local shopping mall? How about Starbucks and Tim Hortons (for both conservatives and liberals)? Somewhere, anywhere, where people actually congregate. Heaven forbid that voting booths be where the voters are.

The fact is our entire voting structure is anti-young people. It’s designed for another era. It needs a full scale upgrade. Call it voting 2.0 or something, I don’t care. Want young people to vote? Then build a voting system that meets their needs, stop trying to force them into a system over a half century old.

We need voting that embraces the internet, social networks, voters without cars and voters that are transient.  These changes alone won’t solve the low voter turn out problem overnight, but if even 5% more young people vote in this election, the parties will take notice and adapt their platforms accordingly. Maybe, just maybe, it could end up creating a virtuous circle.

Access to Information is Fatally Broken… You Just Don’t Know it Yet

I’ve been doing a lot of thinking about access to information, and am working on a longer analysis, but in the short term I wanted to share two graphs – graphs that outline why Access to Information (Freedom of Information in the United States) is unsustainable and will, eventually, need to be radically rethought.

First, this analysis is made possible by the enormous generosity of the Canadian Federal Information Commissioners Office which several weeks ago sent me a tremendous amount of useful data regarding access to information requests over the past 15 years at the Treasury Board Secretariat (TBS).

The first figure I created shows both the absolute number of Access to Information Requests (ATIP) since 1996 as well as the running year on year percentage increase. The dotted line represents the average percentage increase over this time. As you can see the number of ATIP requests has almost tripled in this time period. This is very significant growth – the kind you’d want to see in a well run company. Alas, for those processing ATIP requests, I suspect it represents a significant headache.

That’s because, of course, such growth is likely unmanageable. It might be manageable if say, the costs of handling each requests was dropping rapidly. If such efficiencies were being wrestled out of the system of routing and sorting requests then we could simply ignore the chart above. Sadly, as the next chart I created demonstrates this is not the case.

ATIPcosts

In fact the costs of managing these transactions has not tripled. It has more than quadrupled. This means that not only are the number of transactions increasing at about 8% a year, the cost of fulfilling each of those transactions is itself rising at a rate above inflation.

Now remember, I’m not event talking about the effectiveness of ATIP. I’m not talking about how quickly requests are turned around (as the Information Commissioner has discussed, it is broadly getting worse) nor am I discussing less information is being restricted (it’s not, things are getting worse). These are important – and difficult to assess – metrics.

I am, instead, merely looking at the economics of ATIP and the situation looks grim. Basically two interrelated problems threaten the current system.

1) As the number of ATIP requests increase, the manpower required to answer them also appears to be increasing. At some point the hours required to fulfill all requests sent to a ministry will equal the total hours of manpower at that ministry’s  disposal. Yes that day may be far off, but they day where it hits some meaningful percentage – say 1%, 3% or 5% of total hours worked at Treasury Board, may not be that far off. That’s a significant drag on efficiency. I recall talking to a foreign service officer who mentioned that during the Afghan prisoner scandal an entire department of foreign service officers – some 60 people in all – were working full time on assessing access to information requests. That’s an enormous amount of time, energy and money.

2) Even more problematic than the number of work hours is the cost. According to the data I received, Access to Information requests costs The Treasury Board $47,196,030 last year. Yes, that’s 47 with a “million” behind it. And remember, this is just one ministry. Multiply that by 25 (let’s pretend that’s the number of ministries, there are actually many more, but I’m trying to be really conservative with my assumptions) and it means last year the government may have spent over $1.175 Billion fulfilling ATIP requests. That is a staggering number. And its growing.

Transparency, apparently, is very, very expensive. At some point, it risks becoming too expensive.

Indeed, ATIP reminds me of healthcare. It’s completely unsustainable, and absolutely necessary.

To be clear, I’m not saying we should get rid of ATIP. That, I believe, to be folly. It is and remains a powerful tool for holding government accountable. Nor do I believe that requesters should pay for ATIP requests as a way to offset costs (like BC Ferries does) – this creates a barrier that punishes the most marginalized and threatened, while enabling only the wealthy or well financed to hold government accountable.

I do think it suggests that governments need to radical rethink how manage ATIP. More importantly I think it suggests that government needs to rethink how it manages information. Open data, digital documents are all part of a strategy that, I hope, can lighten the load. I’ve also felt that if/as government’s move their work onto online platforms like GCPEDIA, we should simply make non-classified pages open to the public on something like a 5 year timeline. This could also help reduce requests.

I’ve more ideas, but at its core we need a system rethink. ATIP is broken. You may not know it yet, but it is. The question is, what are we going to do before it peels off the cliff? Can we invent something new and better in time?

Canada launches data.gc.ca – what works and what is broken

Those on twitter will already know that this morning I had the privilege of conducting a press conference with Minister Day about the launch of data.gc.ca – the Federal Government’s Open Data portal. For those wanting to learn more about open data and why it matters, I suggest this and this blog post, and this article – they outline some of the reasons why open data matters.

In this post I want to review what works, and doesn’t work, about data.gc.ca.

What works

Probably the most important thing about data.gc.ca is that it exists. It means that public servants across the Government of Canada who have data they would like to share can now point to a website that is part of government policy. It is an enormous signal of permission from a central agency that will give a number of people who want to share data permission, a process and a vehicle, by which to do this. That, in of itself, is significant.

Indeed, I was informed that already a number of ministries and individuals are starting to approach those operating the portal asking to share their data. This is exactly the type of outcome we as citizens should want.

Moreover, I’ve been told that the government wants to double the number of data sets, and the number of ministries, involved in the site. So the other part that “works” on this site is the commitment to make it bigger. This is also important, as there have been some open data portals that have launched with great fanfare, only to have the site languish as neither new data sets are added and the data sets on the site are not updated and so fall out of date.

What’s a work in progress

The number of “high value” datasets is, relatively speaking, fairly limited. I’m always cautious about this as, I feel, what constitutes high value varies from user to user. That said, there are clearly data sets that will have greater impact on Canadians: budget data, line item spend data by department (as the UK does), food inspection data, product recall data, pretty much everything on the statscan website, Service Canada locations, postal code data and, mailbox location data, business license data, Canada Revenue data on charities and publicly traded companies are all a few that quickly come to mind, clearly I can imagine many, many more…

I think the transparency, tech, innovation, mobile and online services communities will be watching data.gc.ca closely to see what data sets get added. What is great is that the government is asking people what data sets they’d like to see added. I strongly encourage people to let the government know what they’d like to see, especially when it involves data the government is already sharing, but in unhelpful formats.

What doesn’t work

In a word: the license.

The license on data.gc.ca is deeply, deeply flawed. Some might go so far as to say that the license does not make it data open at all – a critique that I think is fair. I would say this: presently the open data license on data.gc.ca effectively kills any possible business innovation, and severally limits the use in non-profit realms.

The first, and most problematic is this line:

“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.”

What does this mean? Does it mean that any journalist who writes a story, using data from the portal, that is critical of the government, is in violation of the terms of use? It would appear to be the case. From an accountability and transparency perspective, this is a fatal problem.

But it is also problematic from a business perspective. If one wanted to use a data set to help guide citizens around where they might be well, and poorly, served by their government, would you be in violation? The problem here is that the clause is both sufficiently stifling and sufficiently negative that many businesses will see the risk of using this data simply too great.

UPDATE: Thursday March 17th, 3:30pm, the minister called me to inform me that they would be striking this clause from the contract. This is excellent news and Treasury Board deserves credit for moving quickly. It’s also great recognition that this is a pilot (e.g. beta) project and so hopefully, the other problems mentioned here and in the comments below will also be addressed.

It is worth noting that no other open data portal in the world has this clause.

The second challenging line is:

“you shall not disassemble, decompile except for the specific purpose of recompiling for software compatibility, or in any way attempt to reverse engineer the data made available through the GC Open Data Portal or any part thereof, and you shall not merge or link the data made available through the GC Open Data Portal with any product or database for the purpose of identifying an individual, family or household or in such a fashion that gives the appearance that you may have received or had access to, information held by Canada about any identifiable individual, family or household or about an  organization or business.”

While I understand the intent of this line, it is deeply problematic for several reasons. First, many business models rely on identifying individuals, indeed, frequently individuals ask businesses to do this. Google, for example, knows who I am and offers custom services to me based on the data they have about me. It would appear that terms of use would prevent Google from using Government of Canada data to improve its service even if I have given them permission. Moreover, the future of the digital economy is around providing customized services. While this data has been digitized, it effectively cannot be used as part of the digital economy.

More disconcerting is that these terms apply not only to individuals, but also to organizations and businesses. This means that you cannot use the data to “identify” a business. Well, over at Emitter.ca we use data from Environment Canada to show citizens facilities that pollute near them. Since we identify both the facilities and the companies that use them (not to mention the politicians whose ridings these facilities sit in), are we not in violation of the terms of use? In a similar vein, I’ve talked about how government data could have prevented $3B of tax fraud. Sadly, data from this portal would not have changed that since, in order to have found the fraud, you’d have to have identified the charitable organizations involved. Consequently, this requirement manifestly destroys any accountability the data might create.

It is again worth noting that no other open data portal in the world has this clause.

And finally:

4.1 You shall include and maintain on all reproductions of the data made available through the GC Open Data Portal, produced pursuant to section 3 above, the following notice:

Reproduced and distributed with the permission of the Government of Canada.

4.2 Where any of the data made available through the GC Open Data Portal is contained within a Value-Added Product, you shall include in a prominent location on such Value-Added Product the following notice:

This product has been produced by or for (your name – or corporate name, if applicable) and includes data provided by the Government of Canada.

The incorporation of data sourced from the Government of Canada within this product shall not be construed as constituting an endorsement by the Government of Canada of our product.

or any other notice approved in writing by Canada.

The problem here is that this creates what we call the “Nascar effect.” As you use more and more government data, these “prominent” displays of attribution begin to pile up. If I’m using data from 3 different governments, each that requires attribution, pretty soon all your going to see are the attribution statements, and not the map or other information that you are looking for! I outlined this problem in more detail here. The UK Government has handled this issue much, much more gracefully.

Indeed, speaking of the UK Open Government License, I really wish our government had just copied it wholesale. We have a similar government system and legal systems so I see no reason why it would not easily translate to Canada. It is radically better than what is offered on data.gc.ca and, by adopting it, we might begin to move towards a single government license within Commonwealth countries, which would be a real win. Of course, I’d love it if we adopted the PDDL, but the UK Open Government License would be okay to.

In Summary

The launch of data.gc.ca is an important first step. It gives those of us interested in open data and open government a vehicle by which to get more data open and improve the accountability, transparency as well as business and social innovation. That said, there is much work to be done still: getting more data up and, more importantly, addressing the significant concerns around the license. I have spoken to Treasury Board President Stockwell Day about these concerns and he is very interested and engaged by them. My hope is that with more Canadians expressing their concerns, and with better understanding by ministerial and political staff, we can land on the right license and help find ways to improve the website and program. That’s why we to beta launches in the tech world, hopefully it is something the government will be able to do here too.

 

Apologies for any typos, trying to get this out quickly, please let me know if you find any.

MP Jim Abbott: The Face of the Sad State of Open Data in Canada

“I guess my attack to this has always been from the perspective of are we working in a bubble. In other words, when this was… under this initiative by the President, how quick was the takeup by the population at large? Not by the people that we affectionately call geeks, or people who don’t have a life, or don’t come up out of the dark, or whatever. The average person walking through Times Square I guess is what I’m trying to say. How quick was their take up, and in fact has there been a takeup?”

Jim Abbott, ETHI Meeting No. 47, Open Government Study, March 2, 2011

Yes, the above quote comes from Jim Abbott, Member of Parliament (Conservative) for Kootenay—Columbia during the testimony of Beth Noveck, President Obama’s former Deputy Chief Technology Officer for Open Government (her statement can be found here). You can see the remarks in the online video here, at around the 1:17:50 mark.

First, I want to be clear. This is disappointing, not on a political level, but on an individual level. During my testimony for the ETHI committee (which I intend to blog about) I found members of all parties – NDP, Liberal, Bloc Quebecois and Conservative – deeply interested in the subject matter, asking thoughtful questions and expressing legitimate concerns. Indeed, I was struck by Pierre Poilievre, the Conservative MP for Napean-Carleton, who asked a number of engaging questions, particularly around licenses. That’s a level of sophistication around the issue that many people don’t care to ask about. Moreover, many of the committee members grasped the economic and social opportunity around open data.

Jim Abbott, in contrast, may believe that describing technologists and geeks as people who “don’t have a life” or “don’t come up out of the dark” is affectionate, but I’m not so sure these stereotypes are so endearing, especially given how they aren’t true. Moreover, his comments are particularly unfortunate as it’s the people he (affectionately) demeans who created RIM, OpenText, Cognos, and thousands of other successful technology companies that pump billions into the Canadian economy, employ hundreds of thousands, and do actually impact the “person on the street.” But a few simple demeaning words can make one forget these contributions or worse, make them sound insignificant.

Of course, it will be the work of these people that creates the open data applications that, in the US at least, already impact the average person walking through Times Square (consider this lifesaving app that was created by a hacker using opendata). Indeed, there are a growing number of businesses consuming and using open data, some even valued in the billions of dollars and used by millions of americans every day.

The sad part is they will only be available to the people in Times Square, or Trafalgar Square or on the Champs-Élysées since the Americans, British and French all have national open data portals (among numerous other countries). There will be no uptake for people on Wellington St., Queen St., Robson St. or wherever, since without a national open data portal in Canada, there can be no uptake. (It’s not easy to be behind the French government on an issue related to the digital economy, but we’ve somehow managed).

But forget the economic opportunity. There is also the question of government transparency and accountability. What makes the above statement so disappointing is that it exposes how an MP who for so long railed for greater transparency in government, has suddenly decided that transparency is no longer important unless “there is sufficient uptake.”

One wonders what Jim Abbott of 2000 would say of Jim Abbott of 2011? Because back in a pre-2001 era Jim Abbott had fantastic quotes like this:

I suggest in the strongest way possible to the minister that even if we can get him to clear up the history of the Canada Information Office, which I do not have a lot of hope for but I am asking for, from this point forward there must be proper transparency of the Canada Information Office. The country needs openness and transparency because democracy cannot be true democracy without openness and transparency.

Jim Abbott, June 8th, 2000 / 11:10 a.m.

and this

Second, the difficulty the government has created with the Canada Information Office is that many of the contracts and much of the ongoing activity have been conducted in a way that does not befit what we are in Canada, which is a democracy. In a democracy the people depend on the people in the Chamber to hold the government accountable for the affairs of the government and to be as transparent as possible.

Jim Abbott, June 8th, 2000 / 11:10 a.m.

and this

It will never have the transparency that it must have in a democracy. It is just absolutely unacceptable.

Jim Abbott, June 16th, 1995 / 3:25 p.m.

I could go on…

(If you are wondering how I was able to dig up these quotes, please check out OpenParliament.ca – it really is extraordinary tool and again, shows the power of open (parliamentary) data).

But more importantly, and on point, it seems to me that Jim Abbott from the year 2000 would see open data as a important way to ensure greater transparency. Wouldn’t it have been nice if the Canada Information Office had had its budget and expenditures available as open data? Wouldn’t that have brought about some of the accountability the 2000 Jim Abbott would have sought? Sadly, and strangely, Jim Abbott of 2011 no longer seems to feel that way.

Yes, if only he could meet Jim Abbott of 2000, I think they’d have a great debate.

Of course, Jim Abbott of 2000 can’t meet Jim Abbott of 2011, and so it is up to us to (re)educate him. And on that front, I have, so far, clearly failed the tech community, the open data community and the government accountability community. Hopefully with time and more effort, that will change. Maybe next time I’m in Ottawa, Jim Abbott and I can grab coffee and I can try again.

The Curious Case of Media Opposing Government Transparency

My gosh there is a lot going on. Republicans – REPUBLICANS(!) who were in charge of America’s prison system are warning Canada not to follow the Conservatives plan on prisons, the Prime Minister has renamed the government, after himself and my friends at Samara had in Toronto the Guardian’s Emily Bell to talk wikileaks and data journalism (wish I could have been there).

It’s all very interesting… and there is a media story here in British Columbia that’s been brewing where a number of journalists have become upset about a government that has become “too” transparent.

It’s an important case as it highlights some of the tensions that will be emerging in different places as governments rethink how they share information.

The case involves BC Ferries, a crown corporation that runs ferries along critical routes around the province. For many years the company was not subject to the province’s Freedom of Information legislation. However, a few months ago the government stated the crown corporation would need to comply with the act. This has not pleased the corporation’s president.

To comply with the act BC Ferries has created an FOI tracker website on which it posts the text of FOI requests received. Once the records are processed they are posted online and some relevant listservs. As a result they can be read by an audience (that cares).

Broadly, journalists, are up in arms for two reasons. One bad, the other even worse.

The terrible reasons was raised by Chad Skelton (who’s a great reporter for whom I have a lot of respect and whose column should be read regularly).

Skelton argues that BC Ferries deserves part of the blame for stories with errors as the process lead news agencies to rush (carelessly) in order to beat each other in releasing the story. This is a disappointing position. It’s the news media’s job to get the facts right. (It’s also worth noting here that Skelton’s own media organizations did not make the mistakes in question). Claiming that BC Ferries is even partly responsible seems beyond problematic since they are in no way involved in the fact and error checking processes. We trust the media (and assess it) to get facts right in fast moving situations… why should this be different?

More interesting is the critique that this model of transparency undermines the ability of journalists to get a scoup and thus undermines the business model of traditional media.

What makes this so interesting is that is neither true nor, more importantly, relevant.

First, it’s not the job of government to support the business model of the media. The goal of government should be to be as transparent as possible about its operations. This can, and should, include its FOI requests. Indeed, one thing I like about this process is that an FOI request that is made but isn’t addressed starts to linger on the site – and that the organization can be held to account, publicly, for the delay. More importantly, however, I’m confident that the media will find new ways to exploit the process and that, while painful, new business models will emerge.

Second, the media is not the only user of FOI. It strikes me as problematic to expect that the FOI system should somehow be tailored to meet needs alone. Individuals, non-profits, businesses, opposition politicians and others all use the FOI process. Indeed, the policy strengthens many of these use cases since, as mentioned above,  delays in processing will be visible and open the organization up to greater pressure and scrutiny. Why are all the use cases of these other institutions somehow secondary to those of journalists and the media? Indeed, the most important use case – that of the citizen – is better served. Isn’t that the most important outcome?

Third, this form of transparency could make for better media. One of my favourite quotes (which I got via Tim O’Reilly) comes from Clayton Christensen in a 2005 Harvard Business Review article:

“When attractive profits disappear at one stage in the value chain because a product becomes modular and commoditized, the opportunity to earn attractive profits with proprietary products will usually emerge at an adjacent stage.”

So BC Ferries has effectively commoditized FOI requests. That simply means that value will shift elsewhere. One place it could shift to is analysis. And wouldn’t that be a good thing to have the media compete on? Rather than simply who got the fact fastest (a somewhat silly model in the age of the internet) readers instead started to reward the organization with the best insights? Indeed, it makes me think that on superficial issues, like say, the salary of an employee, it may be hard for one individual or organization to scoop another. But most often the value of these stories is also pretty low. On a more significant story, one that requires research and digging and a knowledge of the issue, it’s unclear that transparency around FOI requests will allow others to compete. More interestingly, some media organizations, now that they have access to all FOI requests, might start analyzing them for deeper more significant patterns or trends that might reveal more significant problems that the current scattered approach to FOI might never reveal.

What’s also been interesting is the reaction stories by journalists complaining about this issue have been received. It fits nicely in with the piece I wrote a while ago (and now published as part of a journalism textbook) about Journalism in an Open Era. The fact is, the public trust of opaque institutions is in decline – and the media is itself a pretty opaque institution. Consider these three separate comments people wrote after the stories I’ve linked to above:

“I wonder over the years how many nuggets of information reporters got through FOI but the public never heard about because they didn’t deem it “newsworthy”. Or worse, that it was newsworthy but didn’t follow their storyline.” (found here)

“And the media whining about losing scoops — well, tough beans. If they post it all online and give it to everyone, they are serving the public –the media isn’t the public, and never has been.” (found here)

“The media’s track record, in general, for owning up to its blunders continues to be abysmal. Front page screw-ups are fixed several days (or weeks) later with a little “setting it straight” box buried at the bottom of P. 2 — and you think that’s good enough. If the media were more open and honest about fixing its mistakes, I might cut you a little slack over the BC Ferries’ policy of making your life difficult. But whining about it is going to be counterproductive, as you can see from most of the comments so far.” (found here)

While some comments were supportive of the articles, the majority have not been. Suggesting that at the minimum that the public does not share the media’s view that this new policy is a “controversial.”

This is not, of course, to say that BC Ferries implemented its policy because it sought to do the right thing. I’m sure it’s president would love for their to be fewer requests and impede the efforts of journalists. I just happen to think he will fail. Dismally. More concerning is the fact that FOI requests are not archived on the site and are removed after a few months. This is what should get the media, the public and yes, the Information and Privacy Commissioner, up in arms.

Today in the Toronto Star: End the silence on aid

Sorry for the cross post – I have this piece today on the opinion page of the Toronto Star. They’ve actually done a nice graphic for it so do encourage you to check it out.

End the silence on aid

For the past two weeks, Canadians have slowly watched the minister of international development, Bev Oda, implode. Caught in a slowly escalating scandal, it’s become clear that the minister misled Parliament — and the public — about how the government chooses whom it funds to do international development work.

The scandal around Oda, however, is a metaphor for a much larger problem in Canada’s foreign aid. The world is dividing itself into donors who hold forth an open model of evidence, accountability and, above all, transparency, and those who cling to a model of patronage, ideology and opacity.

So the question is: Where will Canada land on this debate? So far, the answer is not promising.

Internationally, the Kairos decision suggests Canada is on the wrong side of the divide. Indeed, the gap between CIDA and the world’s leading institutions is growing. Consider a recent report by the U.K.-based international advocacy group Publish What You Fund. Of the 30 institutions assessed in its 2010 report on aid transparency, the Canadian International Development Agency ranked 23rd. Among countries, Canada ranked 15th out of 22 (the Netherlands, U.K. and Ireland held the top three spots).

We are, by any metric, near the bottom of the pack. For a country and a government that prides itself on accountability and transparency, it’s a damning assessment.

What’s all the more frustrating is that transparency isn’t just about accountability. It’s about effectiveness and saving taxpayers’ money — something our major allies have already figured out.

So while Canada’s international development minister fights allegations of making the decision-making process more opaque, a coalition of leading countries is moving forward — without Canada — to do the opposite.

Take, for example, the newly founded International Aid Transparency Initiative (IATI). A coalition of donor governments, developing countries and NGOs, the IATI has a single goal: to improve aid effectiveness by making information about aid spending easier to access, use and understand.

It’s a deeply pragmatic exercise, one far removed from the partisan politics around aid seen in Canada. In one of its first reports, it outlines how setting up systems to make aid data available would involve a one-time cost of between $50,000 and $500,000, but would save taxpayers in countries like Canada several times that amount every year.

Part of these savings would come just from reducing bureaucracy. Making data publicly available would eliminate the need for civil servants to respond to duplicate information requests from international organizations, other governments and Canadian organizations. Instead, the relevant information could just be downloaded. It’s the kind of efficiency we expect from our government.

It’s also the kind of transparency Canadians are starting to see elsewhere. The World Bank — at one time loathed for its opacity — has made transparency a core value of its operations. It recently launched an open data portal where it shares enormous quantities of information on the global economy and aid projects. It has also promised much more and is slowly rolling out a “mapping for results” website where every project the bank funds and how much money it receives can be viewed on a downloadable map.

Canada sits on the sidelines while others move forward implementing proposals that could — ironically — fund several Kairoses every year.

The costs aren’t borne just by taxpayers, but also by Canadian NGOs. They have to provide the same information, but in different forms, to every government and organization that funds them. This means aid workers spend precious time and money filling out CIDA’s unique forms. Repeat this cost over the hundreds of projects that CIDA funds and the collective waste is enormous.

Perhaps more importantly, making our aid more transparent and accessible would close another gap — our inability to measure our effectiveness. One of the reasons countries like the U.K., Denmark and Sweden have signed up to the International Aid Transparency Initiative is so they can more easily compare the projects they fund with one another. These are countries that are serious about getting bang for their buck — they want to compare the evidence, see which projects work, and which ones fail.

It’s a lesson leading Canadian organizations are taking to heart. Engineers Without Borders, for example, regularly publishes a “failure report” in which it outlines which of its projects didn’t work and why. This honest, open and evidence-based approach to development is exactly what we need to demand of our government. Anything less constitutes a waste of our tax dollars.

And yet, the current debate in Parliament suggests we may be mapping a different route — one of opaque, ideologically driven development that is blind to both effectiveness and accountability. This serves neither Canadians nor donor recipients well.

Regardless of whether Oda resigns, Canadians should not lose sight of the larger issue and opportunity. We are in the midst of a global movement for international development aid transparency.

The benefits are clear, our allies are present, and even five of our focus recipient countries have signed up. And yet, Canada is nowhere to be found.

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.