U.S. Civil Society Groups release model National Open Government Action Plan

This is the week for seeking feedback on open government in the United States. 4 days ago, the White House published a collaborative online document that digitized the notes from an open government workshop held during Sunshine Week in March. Today, Abby Paulson from OpenTheGovernment.org uploaded a final draft of a Model National Action Plan to the Internet, as a .doc. I’ve uploaded it to Scribd and embedded it below for easy browsing.

Nelson shared the document over email with people who contributed to the online draft.

Thank you so much for contributing to the civil society model National Action Plan. The Plan has made its way from Google Site to Word doc (attached)! We will share these recommendations with the White House, and I encourage you to share your commitments with any government contacts you have. If you notice any errors made in the transition from web to document, please let me know. If there are any other organizations that should be named as contributors, we will certainly add them as well. The White House’s consultation for their plan will continue throughout the summer, so there are still opportunities to weigh in. Additional recommendations on surveillance transparency and beneficial ownership are in development. We will work to secure meetings with the relevant agencies and officials to discuss these recommendations and make a push for their inclusion in the official government plan. So, expect to hear from us in the coming weeks!

15 key insights from the Pew Internet and Life Project on the American public, open data and open government

Today, a new survey released by the Pew Research Internet and Life Project provided one of the most comprehensive snapshots into the attitudes of the American public towards open data and open government to date. In general, more people surveyed are guardedly optimistic about the outcomes and release of open data, although that belief does vary with their political views, trust in government, and specific areas.  (Full disclosure: I was consulted by Pew researchers regarding useful survey questions to pose.)

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“Trust in government is the reference that people bring to their answers on open government and open data,” said John Horrigan, the principal researcher on the survey, in an interview. “That’s the frame of reference people bring. A lot of people still aren’t familiar with the notion, and because they don’t have a framework about open data, trust dominates, and you get the response that we got.”

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While majorities of the American public use applications and services that use government data, from GPS to weather to transit to health apps, relatively few are aware that data produced and released by government drives them.

“The challenge for activists or advocates in this space will be to try to make the link between government data and service delivery outcomes,” said Horrigan. “If the goals are to make government perform better and maybe reverse the historic tide of lowered trust, then the goal is to make improvements real in delivery. If this is framed just as argument over data quality, it would go into an irresolvable back and forth into the quality of government data collection. If you can cast it beyond whether unemployment statistics are correct or not but instead of how government services improve or saved money, you have a chance of speaking to wether government data makes things better.”

The public knowledge gap regarding this connection is one of the most important points that proponents, advocates, journalists and publishers who wish to see funding for open data initiatives be maintained or Freedom of Information Act reforms pass.

“I think a key implication of the findings is that – if advocates of government data initiatives hope that data will improve people’s views about government’s efficacy – efforts by intermediaries or governments to tie the open data/open government to the government’s collection of data may be worthwhile,” said Horrigan. “Such public awareness efforts might introduce a new “mental model” for the public about what these initiatives are all about. Right now, at least as the data for this report suggests, people do not have a clear sense of government data initiatives. And that means the context for how they think about them has a lot to do with their baseline level of trust in the government – particularly the federal government.”

Horrigan suggested thinking about this using a metaphor familiar to anyone who’s attended a middle school dance.

“Because people do engage with the government online, just through services, it’s like getting them on a big dance floor,” he suggested. “They’re on the floor, where you want them, but they’re on the other part of it. They don’t know that there’s another part of the dance that they’d like to see or be drawn to that they’d want to be in. There’s an opportunity to draw them. The good news that they’re on the dance floor, the bad news is they don’t know about all of it. Someone might want to go over and talk to them an explain that if you go over here you might have a better experience.”

Following are 13 more key insights about the public’s views regarding the Internet, open data and government. For more, make sure to read the full report on open government data, which is full of useful discussion of its findings.

One additional worth noting before you dive in: this survey is representative of American adults, not just the attitudes of people who are online. “The Americans Trends Panel was recruited to be nationally representative, and is weighted in such a way (as nearly all surveys are) to ensure responses reflect the general population,” said Horrigan. “The overall rate of internet use is a bit higher than we typically record, but within the margin of error. So we are comfortable that the sample is representative of the general population.”

Growing number of Americans adults are using the Internet to get information and data

While Pew cautions that the questions posed in this survey are different from another conducted in 2010, the trend is clear: the way citizens communicate with government now includes the Internet, and the way government communicates with citizens increasingly includes digital channels. That use now includes getting information or data about federal, state and local government.

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College-educated Americans and millennials are more hopeful about open data releases

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Despite disparities in trust and belief in outcomes, there is no difference in online activities between members of political parties

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Wealthier Americans are comfortable with open data about real estate transactions but not individual mortgages

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This attitude is generally true across all income levels.

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College graduates, millennials and higher-income adults are more likely to use data to monitor government performance

About a third of college grads, young people and wealthy Americans have checked out performance data or government contracting data, or about 50% more than other age groups, lower income or non-college grads.

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The ways American adults interact with government services and data digitally are expanding

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But very few American adults think government data sharing is currently very effective:

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A small minority of Americans, however, have a great deal of trust in federal government at all:

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In fact, increasing individual use of data isn’t necessarily correlated with belief in positive outcomes:

Pew grouped the 3,212 respondents into four quadrants, seen below, with a vertical axis ranging from optimism to skepticism and a horizontal axis that described use. Notably, more use of data doesn’t correlate to more belief in positive outcomes.

“In my mind, you have to get to the part of the story where you show government ran better as a result,” said Horrigan. “You have to get to a position where these stories are being told. Then, at least, while you’re opening up new possibilities for cynicism or skepticism, you’re at least focused on the data as opposed to trust in government.”

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Instead…

Belief in positive outcomes from the release of open data is correlated with a belief that your voice matters in this republic:

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If you trust the federal government, you’re more likely to see the benefit in open data:

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But belief in positive outcomes from the release of open data is related to political party affiliation:

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Put simply, Democrats trust the federal government more, and that relates to how people feel about open data released by that government.

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Political party has an impact upon the view of open data in the federal government

One challenge is that if President Barack Obama says “open data” again, he may further associate the release of government data with Democratic policies, despite bipartisan support for open government data in Congress. If a Republican is elected President in November 2016, however, this particular attitude may well shift.

“That’s definitely the historic pattern, tracked over time, dating to 1958,” said Horrigan, citing a Pew study. “If if holds and a Republican wins the White House, you’d expect it to flip. Let’s say that we get a Republican president and he continues some of these initiatives to make government perform better, which I expect to be the case. The Bush administration invested in e-government, and used the tools available to them at the time. The Obama administration picked it up, used the new tools available, and got better. President [X] could say this stuff works.”

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The unresolved question that we won’t know the answer to until well into 2017, if then, is whether today’s era of hyper-partisanship will change this historic pattern.

There’s bipartisan agreement on the need to use government data better in government. Democratss want to improve efficiency and effectiveness, Republicans want to do the same, but often in the context of demonstrating that programs or policies are ineffective and thereby shrink government. If the country can rise about partisan politics to innovate government, awareness of the utility of releases will grow, along with support for open data will grow.

“Many Americans are not much attuned to government data initiatives, which is why they think about them (in the attitudinal questions) through the lens of whether they trust government,” said Horrigan. “Even the positive part of the attitudinal questions (i.e., the data initiatives can improve accountability) has a dollop of concern, in that even the positive findings can be seen as people saying: ‘These government data initiatives might be good because they will shine more light on government – which really needs it because government doesn’t perform well enough.’ That is an opportunity of course – especially for intermediaries that might, through use of data, help the public understand how/whether government is being accountable to citizens.”

That opportunity is cause for hope.

“Whether it is ‘traditional’ online access for doing transactions/info searches with respect to government, or using mobile apps that rely on government data, people engage with government online, “said Horrigan. “That creates the opportunity for advocates of government data initiatives to draw citizens further down the path of understanding (and perhaps better appreciating) the possible impacts of such initiatives.”

National Security Archive finds 40% E-FOIA compliance rate in federal government agencies

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For Sunshine Week 2015, the National Security Archive​ conducted an audit of how well 165 federal government agencies in the United States of America comply with the E-FOIA Act of 1996. They found that only 67 of them had online libraries that were regularly updated with a significant number of documents released under the Freedom of Information Act. The criteria for the 165 agencies were that they had to have a chief Freedom of Information Officer and components that handled more than 500 FOIA requests annually.

Almost a decade after the E-FOIA Act, that’s about a 40% compliance rate. I wonder if the next U.S. Attorney General or the next presidential administration will make improving on this poor performance priority. It’s important for The United States Department of Justice​ to not only lead by example but push agencies into the 21st century when it comes to the Freedom of Information Act.

It would certainly help if Congress passed FOIA reform.

On that count, the Archive highlights a relevant issue in the current House and Senate FOIA reform bills in Congress: the FOIA statute states that documents that are “likely to become the subject of subsequent requests” should be published electronic reading rooms:

“The Department of Justice’s Office of Information Policy defines these records as “frequently requested records… or those which have been released three or more times to FOIA requesters.” Of course, it is time-consuming for agencies to develop a system that keeps track of how often a record has been released, which is in part why agencies rarely do so and are often in breach of the law. Troublingly, both the current House and Senate FOIA bills include language that codifies the instructions from the Department of Justice.

The National Security Archive believes the addition of this “three or more times” language actually harms the intent of the Freedom of Information Act as it will give agencies an easy excuse (“not requested three times yet!”) not to proactively post documents that agency FOIA offices have already spent time, money, and energy processing. We have formally suggested alternate language requiring that agencies generally post “all records, regardless of form or format that have been released in response to a FOIA request.”

This is a point that Members of Congress should think through carefully as they take another swing at reform. As I’ve highlighted elsewhere, FOIA requests that industry make are an important demand signal to show where data with economic value lies. (It’s also where the public interest tends to lie, with respect to FOIA requests from the media.)

While it’s true that it would take time and resources to build and maintain a system that tracks such requests by industry, there should already be a money trail from the fees paid to the agency. If FOIA reform leads to modernizing how it’s implemented, perhaps tying FOIA.gov to Data.gov might finally take place. The datasets are the subject of the most FOIA requests are the ones that should be prioritized for proactive disclosure online.

Adding a component that identifies which data sets are frequently requested, particularly periodically, should be a priority across the board for any administration that seeks to “manage information as an asset.” Adding the volume and periodicity of requests to the expanding national enterprise data inventory might naturally follow. It’s worth noting, too, that reform of the FOIA statute may not be necessary to achieve this end, if the 18F team working on modernizing FOIA software worked on it.

Could Hillary Clinton’s email account galvanize Congress to pass FOIA reform?

IMG_1992It’d be swell if the flap over former Secretary of State Hillary Clinton’s personal email account catalyzed the passage of Freedom of Information Act reform in Congress. Trevor Timm, executive director of the Freedom of the Press Foundation, laid out a strong case in the Guardian today for why both sides of the aisle should support reform:

Instead of both parties competing over who can be more secretive, like they did in the 2012 presidential campaign, this is also a great opportunity for 2016 presidential candidates to debate about who can deliver the most transparent White House. That doesn’t mean just voluntarily releasing emails you want the public to see – though that’s a start – but implementing lasting policy changes and laws that will change the trajectory of US secrecy law, which has grown out of control in the past decade.

The challenge is that the interests that didn’t want that reform to happen, both inside and outside of government, aren’t going to go away, from the financial industry to government agencies.

As readers no doubt recall, FOIA reform bills passed the U.S. Senate and House *unanimously* last year and yet failed to become law.

The pushback is already (quietly) happening in Congress, as reported last week in E&E publishing:

“I think a number of the agencies are probably concerned. This is the impression that I get: They think that you shouldn’t have this presumption that things should be revealed. In other words, there should be more of a screening process,” [Representative Elijah] Cummings said. “It’s hard for them to just come outright and say, ‘No, we don’t like that, we’re not going to do it.’ But I get that impression that they don’t feel that people need to have access to every record.”

Asked whether he or other lawmakers have heard from agencies regarding his bill, Cummings said their concerns about FOIA are more subtly made to Congress.

“In general, in general. But I don’t think it’s a big push, but that’s just the impression I get,” said the ranking member on the House Oversight and Government Reform Committee.

That doesn’t mean that reform won’t happen, or that it couldn’t be a political winner for members of both parties, particularly Republican Senators who aspire to higher office. This year, editorial boards are more outspoken on the issue and transparency could, once again, be a campaign issue. Here’s hoping that’s enough to lead to Congress enacting FOIA reform the country needs, not a watered down bill.

In a step towards sunlight, United States begins to publish a national data inventory

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Last year, a successful Freedom of Information request for the United States enterprise data inventory by the Sunlight Foundation was a big win for open government, nudging Uncle Sam towards a better information policy through some creative legal arguments. Today, the federal government started releasing its enterprise indices at data.gov. You can browse the data for individual agencies, like the feed for the Office for Personnel Management, using a JSON viewer like this one.

“Access to this data will empower journalists, government officials, civic technologists, innovators and the public to better hold government accountable,” said Sunlight Foundation president Chris Gates, in a statement. “Previously, it was next to impossible to know what and how much data the government has, and this is an unprecedented window into its internal workings. Transparency is a bedrock principle for democracy, and the federal government’s response to Sunlight’s Freedom of Information request shows a strong commitment to open data. We expect to see each of these agencies continue to proactively release their data inventories.”

Understanding what data an organization holds is a critical first step in deciding how it should be stored, analyzed or published, shifting towards thinking about data as an asset. That’s why President Barack Obama’s executive order requiring federal agencies to catalog the data they have was a big deal. When that organization is a democratic government and the data in question was created using taxpayer funds, releasing the inventory of the data sets that it holds is a basic expression of open and accountable government.

In the wake of scandal, the State of Oregon seeks to restore trust through publishing public records

or-state-sealIn a fascinating turn of events, rainy Oregon is embracing sunlight online after a scandal that led to the resignation of its governor. After governor Kate Brown was sworn in as the 38th governor of the state of Oregon, replacing fellow Democrat John Kitzhaber, her administration chose to try to restore public trust by not only posting public records requests online but including the authors, status and a downloadable link to the records themselves, once fulfilled. The records only go back to January 15th, 2015, with a note that requests made prior to that date are “still being processed.”

The City of Oakland’s public records system, built by Code for America, does the same thing but this appears to set a new bar for state government that’s unmatched in the United States of America. As has been reported elsewhere, exemptions to Oregon’s public records laws mean that this website will be no panacea, but it looks like progress from 3000 miles away in snowy Cambridge.

As Kirk Johnson reported for the New York Times, Brown’s record includes open government work while she was a state legislator, where, as Senate Majority Leader, she worked to reform Oregon’s ethics law and helped to enact legislation that created an online campaign finance database.

“…throughout my 24 years in public service, I have also sought to promote transparency and trust in government, working to build confidence that our public dollars are spent wisely,” she said, in her inaugural speech.

Later in her remarks, Governor Brown said that “we must seize this moment to work across party lines to restore the public’s trust. That means passing meaningful legislation that strengthens the capacity and independence of the Government Ethics Commission. We also must strengthen laws to ensure timely release of public documents.”

On that count, it’s notable that two of the records requests that have been posted for download involve Cynthia Hayes, the fiancee of former Governor Kitzhaber who was at the center of the scandals that led to his resignation. One comes from Margaret Olney, who is quite likely the same Margaret Olney who served in Oregon’s Department of Justice. The other requester was Alejandra Lazo, who co-authored a Wall Street Journal article on former Governor Kitzhaber’s resignation. In an interesting sidenote, the records for both responses were uploaded to Dropbox.

If you know of another state that meet or exceeds this standard for digital transparency, or have experience or feedback regarding the quality or importance of the public records posted by Oregon, please let us know in a comment.

Emily Shaw, the national policy manager at the Sunlight Foundation, said on Twitter that she has not seen any other state’s public records system exceed this standard of transparency.