One of the most important open government data efforts in United States history came into being in 1993, when citizen archivist Carl Malamud used a small planning grant from the National Science Foundation to license data from the Securities and Exchange Commission, published the SEC data on the Internet and then operated it for two years. At the end of the grant, the SEC decided to make the EDGAR data available itself — albeit not without some significant prodding — and has continued to do so ever since. You can read the history behind putting periodic reports of public corporations online at Malamud’s website, public.resource.org.
Two decades later, Malamud is working to make the law public, reform copyright, and free up government data again, buying, processing and publishing millions of public tax filings from nonprofits to the Internal Revenue Service. He has made the bulk data from these efforts available to the public and anyone else who wants to use it.
“This is exactly analogous to the SEC and the EDGAR database,” Malamud told me, in an phone interview last year. The trouble is that data has been deliberately dumbed down, he said. “If you make the data available, you will get innovation.”
November Form 990s now ready. http://t.co/HDoMzPjpY0 We have 7,335,804 Form 990s available. *STILL* no word from the IRS.
— Carl Malamud (@carlmalamud) January 4, 2014
Making millions of Form 990 returns free online is not a minor public service. Despite many nonprofits file their Form 990s electronically, the IRS does not publish the data. Rather, the government agency releases images of millions of returns formatted as .TIFF files onto multiple DVDs to people and companies willing and able to pay thousands of dollars for them. Services like Guidestar, for instance, acquire the data, convert it to PDFs and use it to provide information about nonprofits. (Registered users view the returns on their website.)
As Sam Roudman reported at TechPresident, Luke Rosiak, a senior watchdog reporter for the Washington Examiner, took the files Malamud published and made them more useful. Specifically, he used credits for processing that Amazon donated to participants in the 2013 National Day of Civic Hacking to make the .TIFF files text-searchable. Rosiak then set up CItizenAudit.org a new website that makes nonprofit transparency easy.
“This is useful information to track lobbying,” Malamud told me. “A state attorney general could just search for all nonprofits that received funds from a donor.”
Malamud estimates nearly 9% of jobs in the U.S. are in this sector. “This is an issue of capital allocation and market efficiency,” he said. “Who are the most efficient players? This is more than a CEO making too much money — it’s about ensuring that investments in nonprofits get a return.
Malamud’s open data is acting as a platform for innovation, much as legislation.gov.uk is the United Kingdom. The difference is that it’s the effort of a citizen that’s providing the open data, not the agency: Form 990 data is not on Data.gov.
Opening Form 990 data should be a no-brainer for an Obama administration that has taken historic steps to open government data. Liberating nonprofit sector data would provide useful transparency into a $1.6 trillion dollar sector for the U.S. economy.
After many letters to the White House and discussions with the IRS, however, Malamud filed suit against the IRS to release Form 990 data online this summer.
“I think inertia is behind the delay,” he told me, in our interview. “These are not the expense accounts of government employees. This is something much more fundamental about a $1.6 trillion dollar marketplace. It’s not about who gave money to a politician.”
If I order these IRS DVDs, my cost is $2910. Media and gov get them free, but none of them lifting a finger to help. http://t.co/B6m5VECV1O
— Carl Malamud (@carlmalamud) January 22, 2014
When asked for comment, a spokesperson for the White House Office of Management and Budget said that the IRS “has been engaging on this topic with interested stakeholders” and that “the Administration’s Fiscal Year 2014 revenue proposals would let the IRS receive all Form 990 information electronically, allowing us to make all such data available in machine readable format.”
Today, Malamud sent a letter of complaint to Howard Shelanski, administrator of the Office of Information and Regulatory Affairs in the White House Office of Management and Budget, asking for a review of the pricing policies of the IRS after a significant increase year-over-year. Specifically, Malamud wrote that the IRS is violating the requirements of President Obama’s executive order on open data:
The current method of distribution is a clear violation of the President’s instructions to
move towards more open data formats, including the requirements of the May 9, 2013
Executive Order making “open and machine readable the new default for government
I believe the current pricing policies do not make any sense for a government
information dissemination service in this century, hence my request for your review.
There are also signiﬁcant additional issues that the IRS refuses to address, including
substantial privacy problems with their database and a ﬂat-our refusal to even
consider release of the Form 990 E-File data, a format that would greatly increase the
transparency and effectiveness of our non-proﬁt marketplace and is required by law.
It’s not clear at all whether the continued pressure from Malamud, the obvious utility of CitizenAudit.org or the bipartisan budget deal that President Obama signed in December will push the IRS to freely release open government data about the nonprofit sector,
The furor last summer over the IRS investigating the status of conservative groups claimed tax-exempt status, however, could carry over into political pressure to reform. If political groups were tax-exempt and nonprofit e-file data were published about them, it would be possible for auditors, journalists and Congressional investigators to detect patterns. The IRS would need to be careful about scrubbing the data of personal information: last year, the IRS mistakenly exposed thousands of Social Security numbers when it posted 527 forms online — an issue that Malamud, as it turns out, discovered in an audit.
“This data is up there with EDGAR, in terms of its potential,” said Malamud. “There are lots of databases. Few are as vital to government at large. This is not just about jobs. It’s like not releasing patent data.”
If the IRS were to modernize its audit system, inspector generals could use automated predictive data analysis to find aberrations to flag for a human to examine, enabling government watchdogs and investigative journalists to potentially detect similar issues much earlier.
That level of data-driven transparency remains in the future. In the meantime, CitizenAudit.org is currently running on a server in Rosiak’s apartment.
Whether the IRS adopts it as the SEC did EDGAR remains to be seen.
[Image Credit: Meals on Wheels]