Less than a year after I called for tech companies to publish a a public political ad file as open data online, Facebook has committed to doing so this August, through an API. Working with Congress to draft a law … Continue reading
This morning, James Grimaldi reported that Ajit Pai, chairman of the Federal Communications Commission, has told two U.S. Senators that he has proposed “to rebuild and re-engineer” the agency’s online electronic comment system “to institute appropriate safeguards against abusive conduct.” … Continue reading
When I asked whether when or if it is acceptable for the United States government to charge companies, journalists and the public for government data, citing the example of paywalled immigration data, the chief information officer of the United States told me that “it’s part of the commercial equation” and that it was “actually a discussion point for the strategy” in her office in the White House Office of Management and Budget.
“I don’t have a specific answer,” Suzette Kent went on. “That is something that we’re looking at because there’s many tenets of it. There’s some data the government collects & document on behalf of the american public that may have the mode. There’s other types of data, that people are asking for. It’s a broad spectrum and one we are going to continue to explore.” Kent was speaking at the Data Coalition’s Data Demo Day on June 6 in Washington, DC. Video of the keynote speech she gave on data is embedded below:
When asked about the continued disclosure of data in PDFs and non-machine readable forms by federal agencies, despite President Barack Obama’s 2013 executive order, Kent said simply that she advocates compliance with every executive order and law and cited a Cross-Agency Priority goal to remove paper from agency systems.
Charging for public data is not a new topic or debate, but it has continued to be relevant during the Trump administration, when new concerns have grown about government data access, collection, and quality.
As I wrote back in 2014, local, state and national governments across the United States and around the world can and do charge for access to government data.
While some developers in Europe advocate charging for public sector information (PSI) as a way to ensure higher service levels and quality, adding fees does effectively charge the public for public access and has frequently been used as a barrier to press requests:
A city hall, state house or government agency charging the press or general public to access or download data that they have already paid for with their tax revenues, however, remains problematic.
It may make more sense for policy makers to pursue a course where they always make bulk government data available for free to the general public and look to third parties to stand up and maintain high quality APIs, based upon those datasets, with service level agreements for uptime for high-volume commercial customers.
Instead of exploring a well-trodden path, the United States government should follow the money and determine which data is agencies are currently charging for under public records requests or other means, using FOIA demand to drive open data disclosure.
Last fall, the U.S. government delayed formation of the fourth national action plan after committing to participation with a public consultation – despite historic regressions on open government across federal agencies under the Trump administration. This May, the White House quietly … Continue reading
When the president or others with access to his Twitter account block American citizens from following @realDonaldTrump based upon the viewpoints they express, it violates their First Amendment rights.
In a historic decision, a federal judge ruled today that it is unconstitutional for President Donald J. Trump to block his critics on Twitter, as portions of @realDonaldTrump account constitute a public forum, which means blocking them based on their political speech violates the First Amendment:
We hold that portions of the @realDonaldTrump account — the “interactive space” where Twitter users may directly engage with the content of the President’s tweets — are properly analyzed under the “public forum” doctrines set forth by the Supreme Court, that such space is a designated public forum, and that the blocking of the plaintiffs based on their political speech constitutes viewpoint discrimination that violates the First Amendment. In so holding, we reject the defendants’ contentions that the First Amendment does not apply in this case and that the President’s personal First Amendment interests supersede those of plaintiffs.
This is a historic win for the First Amendment and the public’s right to access official statements and participate in public discourse regarding those statements.
As I highlighted last year, tweets by @realDonaldTrump are official statements from the President, which means that the public has a right to equal access and participation around them, even when their speech is hosted on a private platform. The public interest argument was clear then:
“A president’s statements are not just made for people who voted for him or support his policies or politics.
Unfortunately, Trump is not alone: other local, state and federal politicians are also blocking their constituents on Twitter.
Doing so sends the wrong message to the public about whom they serve. Listening and responding to members of the public that they represent is a minimum expectation for public servants in any democratic state, whether those voices are raised in protest, petition, email, send letters or reply on social media. While there are practical challenges to making sense of millions of emails, tweets, call or letters, blocks are not the solution to filter failure.”
No President should block Americans from reading his official statements, replying or interacting with others here.
No other public servant should block constituents, either, from city councilors and alderman to judges, governors and mayors.
On Twitter, officials and politicians who have blocked constituents now consider policies to Mute accounts if someone is being vile or abusive, with transparency about guidelines and use. Users who abuse one another are already subject to accountability for violations of @Twitter rules, which could be reported by officials or civil society.
As the judge noted, addressing President Trump blocking people is legally tricky.
While we reject defendants’ categorical assertion that injunctive relief cannot ever be awarded against the President, we nonetheless conclude that it is unnecessary to enter that legal thicket at this time. A declaratory judgment should be sufficient, as no government official — including the President — is above the law, and all government officials are presumed to follow the law as has been declared.
President Trump should acknowledge the ruling and follow the law, unblocking everyone. Whether he’ll embrace such a change on his social platform of choice isn’r clear at all — especially given his refusal to follow security protocols for his iPhone, despite the risk of nation states spying on him.
In the wake of this ruling, the president should acknowledge the ruling in a video & tweeted post, work with Twitter to unblock everyone, and apologize for engaging in viewpoint-based discrimination and chilling the speech of his constituents, the American public.
But I doubt Trump will.
So, here’s a different idea. It would be an unprecedented move for an unprecedented presidency, but I hope Jack Dorsey and his board will seriously consider removing the Block feature from all official government accounts verified by Twitter.
If code is law and law is now encoded, one way for Twitter to embrace its DNA as a 21st century platform for free speech and make open, public access to official statements the default, putting pressure on Facebook, Google and others to follow.
The Bot Wars, begun they have. Over the past two years, automated social media accounts and fraudulent regulatory filings have been used by anonymous parties to obscure public opinion, distort public discourse, and corrupt the integrity of rulemaking in the … Continue reading
The VA is being neither open nor transparent about its missing open government plans or policies. On March 29, 2018, I made a Freedom of Information Act request to the United States Department of Veterans Affairs (VA) in which I … Continue reading
researchers from the Open Government Partnership’s Independent Reporting Mechanism (IRM) shared a new end of term report that detailed both progress and regression in meeting the commitments in the third United States National Action Plan for Open Government between October 2015 and May 2017. To be charitable, the researchers found a mixed record on open government during that time period, with poor public engagement, limited government feedback, and lack of civil society setting the agenda or participating in an iterative dialog with government. Continue reading
…and we’re back! I will be writing at E-PluribusUnum again this spring, along with tweeting @ePluribusUnum. The following post was originally published on my personal blog, offering some insight into the last two years and what lies ahead. My last … Continue reading
I won’t bury the lede on this story: today is my first day at the Sunlight Foundation as a senior analyst. I’m enormously excited to be joining an organization that’s been at the heart of a global movement towards opening governments to the people they serve with technology, from open source to open data.
If you’ve followed my writing and interests over the past decade, you know that I’m passionate about open government in all of its forms. I’ve been humbled to meet thousands of people around the world who are deeply committed to public service and improving how government functions.
This is a natural fit. From improving public access to information to civic engagement to collaboration around code to participation in democratic governance processes, from regulations to legislation, the Sunlight Foundation has been at the cutting edge of making government more open, effective and accountable.
There’s also a personal reason I made this decision: Jake Brewer, a former Sunlighter and White House staffer who we lost far too early last year, frequently urged me to to make the most of my short time on Earth. This is the right place for me to be.
Long-time readers should expect me to continue writing and participating in this role, creating acts of advocacy journalism in the public interest.
I believe that people have a right to know what is being done in their name by their elected governments. Implicit in that view is the notion that representative democracy is the worst form of government, save for all the rest. It’s up to us to protect and improve the states that we have founded and fought to preserve.
As people who have been paying close attention to Sunlight know, it’s an organization in transition. I’m proud to join up with this open government “restartup”, pitching in where ever my talents are helpful. I believe 2016 is going to be a dynamic year at Sunlight, which is why I’ve thrown in my lot with the extraordinary folks on staff.
I hope that you will continue to send your thoughts, feedback, suggestions, tips and ideas my way in the days and months to come.