The FCC Should Avoid Regulatory CAPTCHA

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

US CIO says White House OMB will continue to explore selling public data

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.

Facebook’s new opaque political ads transparency site shows self-regulation isn’t enough

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This past week, Facebook launched a new political ad transparency website. Facebook believes that “shining a light on ads” will increase transparency, which in turn “will lead to increased accountability & responsibility over time – not just for Facebook but advertisers as well.“

I think they’re right — which should be no surprise given my focus on advocating for more political transparency in Washington over the two years I spent at the Sunlight Foundation — but reviewing reports of unlabeled political ads is going to be hard.

Overall, this site is a welcome step towards more transparency, but misses the mark. The site only “exceeds expectations” if you think a search interface that exposes no underlying data is sufficient to inform the public and regulators.

In my initial assessment, I concur with journalists who found Facebook’s new political ad system is missing a lot, as ProPublica reported. (Please install ProPublica’s political ad collector so they can inform the public about how well Facebook’s tool actually works.)

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On the one hand, it was easy to use Facebook’s new archive of “ads with political content” – essentially a simple search tool for paid political ads that have run since May 7, 2018 – at least once I got on my laptop and logged into Facebook. I found recent ads that matched Trump, Clinton, gun control and corruption.

If you click on “see ad performance,” you can learn more about each ad.

If you click on the username, you arrive at the Page behind the ads. Unfortunately, there’s no tab for political ads or link to this archive. It’s hard to see how folks will find them, without it.

As I noted on Twitter, however, there’s one more critical wrinkle: you can’t get to the page unless you’re logged into Facebook!

This would be hilariously ironic, if it weren’t for the context of Russian interference and how Facebook handled it. Self-regulation is not enough.

As sociology professor Zeynep Tufecki noted, no one — whether member of the public, the press, watchdog, academic, regulator or legislator – should have to agree to Facebook’s Terms of Service and become a user to access political data.

To Facebook’s credit, the director of product at Facebook, Rob Leathern, responded publicly to Tufecki on Twittter, stating that this page is a first step:

“More ways are coming to make the ads with political content and information more accessible to people. One of those is an API, another is exploring opening the archive to people not on Facebook. We started with the Facebook community to see how they use the tool and gain feedback from third parties, including our newly-formed Election Commission. We’ll continue to update on our progress.”

If Facebook started with open data with no log-in, they could have gotten feedback from third parties like the Center for Responsive Politics or the public. No one should have to be part of Facebook’s “community” to understand who is buying electioneering on the platform, for whom, and what’s being shown.

As I commented to Leathern, if Facebook is only “exploring” making this archive open to people not on Facebook, then it is not implementing the Honest Ads Act, as its staff has claimed to Congress and the public. I asked Facebook to post a public ad file as bulk open data on the open Web.

Leathern told me that “we have prioritized getting the archive in the hands of people to use (as of today) + will follow up soon with an archive API. Thank you for the feedback, we are definitely listening.”

That’s good news, but not good enough.

Real transparency at Facebook will look like a public file of all paid political ads that are disclosed on a public website with bulk open data downloads and an API, none of which require the public to log into the site.

The good news is that I think Facebook understands this page as a start, not an end. In a post that closes matches what he told me, Leathern wrote that they’re “working closely” with a new “Election Commission” to launch an API for the archives.

It’s good news, but no deadline cited.

It’s hard for me not to be happy that Facebook is finally explicitly embracing political ad transparency in words and (some) deeds, including public soul searching about what constitutes a political ad and a policy.

That’s progress.

It’s just long overdue. Ultimately, elected representatives should be the ones to enact standards for transparency for political ads online after debate, not tech company executives.

Until Congress and other legislatures around the world empower regulators like Federal Election Commission by updating electioneering rules and enacting standards for disclaimers and disclosures, however, I’m glad to see positive actions.

I hope Facebook, its founder and its staff deliver on its most recent promises and their public obligations. Given past, current or predictable interference, opacity is unpatriotic.

Federal judge rules public officials blocking the public on Twitter violates the First Amendment

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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.

Why it’s past time for governments to fix public comments online – and how

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 legacy of Google+: Google’s Internet backbone for digital identity

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The news that Google would be splitting Google+ into Streams, Photos and communication has already led to dozens of articles opining about what went wrong in the search giant’s pursuit of social media. Someday, Google Hangouts and Google Talk may become part of a wireless service from Google.

One challenge for judging its success or failure is that the majority of media accounts and analysis of Google+ always compared it to Facebook. That comparison is not entirely unreasonable, given reports about how Google executives were concerned about the rise of the world’s largest social network in 2011. If Google was trying to “play catchup” after having missed social, and Facebook is the leader, how can someone not compare the efforts?

If you looked at Google+ in terms of the ability of its social stream to attract and retain the attention and participation of a billion users for an hour every day, as Facebook does, it’s hard to argue that it succeeded. If you compared the time people spend on Plus +1’ing, sharing and commenting to Facebook, Pinterest, Tumblr or Twitter, Google’s effort paled.

No doubt because of my former colleague Edd Dumbill, however, I’ve always thought of Google+ as a social backbone for all of Google’s products, not simply a destination. Google+ was a way of associating an identity for hundreds of millions of users across applications and services.

When viewed in that context, it may be that Google+ is much more successful than many people have yet realized: according to Federal News Radio, the U.S. General Services Administration has quietly added Google to the list of identity providers that the federal government has authorized to provide secure digital credentials for logging into digital services. Today, it looks like Google will be be part of the federated identity strategy that could allow U.S. citizens to renew passports online, download personal heath data and reserve campground sites in the years ahead.

Even if “Streams” does end up going away, look for Google’s identity layer to endure and mature across all of its products and services, from Documents to Maps. In 2015, being able to confirm that you’re not a dog on the Internet can sometimes be useful, too.

[Image Source: JanRain social login trends]