How to invest in closing America’s “information voids” and digital divides

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(Graphic by New York Times)

In the same way that poor diets affect our physical health, America’s infodemic is being fueled by poor information diets. About 2,100 newspapers have folded since 2004, driving a ~58% decline in newsroom employment.

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Digital outlets have not replaced the jobs or journalism reporters produced and editors verified.

Now, the New York Times reports thatpink slime” outlets are filling the information voids left behind, with the emergence of pay-for-play digital outlets that launder partisan attacks for a few dollars an article and digital duopoly of Facebook and Google dominates the digital advertising markets.

None of this is new nor, in 2020, can we really say that no one saw this coming.

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Clay Shirky was brutally honest about the fate of the newspapers back in 2014, after he “thought about the unthinkable” in 2009.

In an essay that accurately predicted the ongoing trend in the industry, Shirky asked the crucial question that keeps people who believe democracies depend on a robust, independent free press to inform publics engaging in self-governance: “who covers all that news if some significant fraction of the currently employed newspaper people lose their jobs?”

His answer remains instructive:

Society doesn’t need newspapers. What we need is journalism. For a century, the imperatives to strengthen journalism and to strengthen newspapers have been so tightly wound as to be indistinguishable. That’s been a fine accident to have, but when that accident stops, as it is stopping before our eyes, we’re going to need lots of other ways to strengthen journalism instead.

When we shift our attention from ’save newspapers’ to ’save society’, the imperative changes from ‘preserve the current institutions’ to ‘do whatever works.’ And what works today isn’t the same as what used to work.

We don’t know who the Aldus Manutius of the current age is. It could be Craig Newmark, or Caterina Fake. It could be Martin Nisenholtz, or Emily Bell. It could be some 19 year old kid few of us have heard of, working on something we won’t recognize as vital until a decade hence. Any experiment, though, designed to provide new models for journalism is going to be an improvement over hiding from the real, especially in a year when, for many papers, the unthinkable future is already in the past.

For the next few decades, journalism will be made up of overlapping special cases. Many of these models will rely on amateurs as researchers and writers. Many of these models will rely on sponsorship or grants or endowments instead of revenues. Many of these models will rely on excitable 14 year olds distributing the results. Many of these models will fail. No one experiment is going to replace what we are now losing with the demise of news on paper, but over time, the collection of new experiments that do work might give us the reporting we need.

There were good ideas in the Knight Commission’s report on the information needs of American democracy, but it’s hard for me to argue that the polluted social media and cable news ecosystems of today are meeting them, given the collapse documented above.

In 2020, there is still no national strategy to catalyze that journalism, despite the clear and present danger absence poses to the capacity of the American people to engage in self-governance or the shared public facts necessary for effective collective action in response to a public health threat.

Investors, philanthropists, foundations, and billionaries who care about the future of our nation needs to keep investing in experiments that rebuild trust in journalism by reporting with the communities reporters cover using the affordances of social media, not on them.

Publishers could build out new forms of service journalism based upon data that improve access to information, empower consumers, patients, and constituents to make better choices, and ask the people formerly known as the audience to help journalists investigate.

We need to find more sustainable business models that produce investigative journalism that don’t depend on grants from foundations and public broadcasting corporations, though those funds will continue be part of the revenue mix.

As Shirky said, “nothing will work, but everything might. Now is the time for experiments, lots and lots of experiments, each of which will seem as minor at launch as craigslist did, as Wikipedia did, as octavo volumes did.”

Finally, state governments need to subsidize public access to publications and the Internet through libraries, schools, and wireless networks, aiming to deploy gigabit speeds to every home through whatever combination of technologies gets the job done.

The FCC, states and cities should invest in restorative information justice. How can a national government that spend hundreds of billions on weapon systems somehow have failed to provide a laptop for each child and broadband Internet access to every home?

It is unconscionable that our governments have allowed existing social inequities to be widened in 2020, as children are left behind by remote learning, excluded from the access to the information, telehealth, unemployment benefits, and family that will help them and their families make it through this pandemic.

Information deprivation should not be any more acceptable in the politics of the world’s remaining hyperpower than poisoning children with lead through a city water supply.

If disinformation is a public health risk, put lies into epistemic quarantine

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Informing the public during a pandemic has always been a challenge for public health officials, but the information landscape of 2020 has been polluted by the the Trump administration’s history of lying in ways that make response to the coronavirus much more difficult.

As University of California law professor David Kaye wrote this past weekend, “government disinformation about public health is itself a public health risk.

Put bluntly: if publishers and producers don’t change how they report on Trump’s disinformation viruses, public health will be put at even more risk. Consider the messenger: Kaye, the current United Nations special rapporteur on the promotion and protection of the right to freedom of opinion and expression, is no friend of censorship or laws that curb speech. Instead, he’s asking politicians, pundits, the public and, most of all, journalists to be responsible about what we say or pass on in this crisis.

If spreading Trump’s disinformation damages public health, as it as with coronavirus, then officials, tech companies and media all face a common challenge in 2020: how to prevent harm by putting the lies of a President of the United States into epistemic quarantine, whether he bellows them from a bully pulpit at a rally or tweets them from the White House.

News organizations are a host for his disinformation viruses. (In the case of ideologically aligned networks, they are a willing one.) Partisans, the public, and bad actors spread them, too.

While we can and should try to inoculate publics with knowledge about influence campaigns, it’s hard to vaccinate someone against a disinformation virus in a polarized, low-trust media environment. It is especially hard when the sickness comes from inside of a White House.

Perversely, putting sunlight on disinformation may not “disinfect” it, but instead infect a far greater population through calling public attention to it.

Getting disinformation into wider discourse is precisely the goal of the people making intentionally misleading statements, otherwise known as lies, or “malinformation,” which is “information that is based on reality, used to inflict harm on a person, organization or country.”

We’re in novel territory, given the scale and velocity of modern communications across social media platforms and public access through connected devices, but we’ve been living through an increasingly toxic, polluted information ecosystem for enough years to undertsand and make adjustments.

Unfortunately, newsrooms still haven’t adjusted to the reality that folks “flooding the zone” with disinformation is a feature, not a bug, of this administration.

Remember, Steve Bannon, chairman of the Trump campaign and then White House advisor, said that “the real opposition is the media. And the way to deal with them is to flood the zone with shit.”

If your democracy is in an epistemic crisis, and viral disinformation poses an ongoing public health risk, then newsroom leaders need to change their practices.

Focusing on fighting viral disinformation as a public health issue, as opposed to information warfare, may be a useful frame.

For instance, while it’s publishing amazing journalism, the New York Times is still failing:

Editors need to change how they’re reporting on Trump, or he’ll keep hacking the standards and practices developed in the professionalization of “objective journalism” (we report what POTUS says/you decide) to infect the public with disinformation viruses. Try Lakoff’s approach:

Publishers, platforms and the public should deny lies the “oyxgen of amplification and put disinformation viruses in “epistemic quarantine.”

Derek Thompson describes this as “a combination of selective abstinence (being cautious about giving over headlines, tweets, and news segments to the president’s rhetoric, particularly when he’s spreading fictitious hate speech) and aggressive contextualization (consistently bracketing his direct quotes with the relevant truth).”

Television producers need to change too, particularly on broadcast and cable news shows. A Meet the Press special on disinformation this winter grappled with these issues, but ultimately fell far short of what was required to inform the public, warn us of the public health threat that Trumpian BS posed, and adjust its own editorial practices.

A President who spreads disinformation viruses during a pandemic is a wicked problem. Journalism professor Jay Rosen diagnosed the structural problem media outlets have years ago and listed approaches newsrooms could take:

News media should adopt and adapt Rosen’s ideas. Experiment. Share what they learn, and pool resources. But today, they should stop putting lies in headlines and chyrons.

If government disinformation about public health is itself a public health risk, then journalists must stop spreading it, now.

The stakes will only get higher if our nation is drawn into a war, misleads the public about a conflict, or starts one under false pretenses.

Continued use of personal email and encrypted messaging in White House exposes accountability hole in public records laws

In 2019, journalists, politicians and pundits shouldn’t be asking whether White House officials should using WhatsApp. If a given encrypted or ephemeral app does not have archiving built in, public servants should not use it for public business, much less … Continue reading

President Trump signs historic open government data bill into law

Today, President Donald J. Trump signed H.R. 4174, the Foundations for Evidence-Based Policymaking Act of 2018, which, as the White House release summarized, “improves evidence-based policy through strengthening Federal agency evaluation capacity; furthering interagency data sharing and open data efforts; and improving access to data for statistical purposes while protecting confidential information.”

Back on December 21, 2018, the United States Congress sent the Foundations for Evidence-Based Policymaking Act of 2017 to the President’s pen in a historic win for open government in the United States of America.

The Open, Public, Electronic, and Necessary Government Data Act (AKA the OPEN Government Data Act) is now the law of the land.

Two canonical principles for open, digital government in the 21st century are now the default in the United States:

  1. public information should be open by default to the public in a machine-readable format, where such publication doesn’t harm privacy or security
  2. federal agencies should use evidence when they make public policy

As I’ve said before, this reform represents “a genuine opportunity to not only improve how the nation makes decisions but embed more openness into how the federal government conducts the public’s business.”

This is a historic, bipartisan win for open government data, after years of trying. It is a milestone for the open movement, codifying core principles into code.

Thank you to all of the advocates, legislators, watchdogs and journalists who played an essential role in making open government data the law of the land.

Open Government Partnership places United States under review

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When the Trump administration committed to participating in the Open Government Partnership in September 2017, it surprised watchdogs and transparency advocates. When it delayed releasing a new plan one month later, it came as no surprise, given the administration’s clouded record in its first year and regression on anti-corruption programs, reforms, and policies.

The White House Office of Management and Budget has been silent for four months after it missed a second, key deadline for submitting new United States National Action Plan for Open Government for the Open Government Partnership after it convened workshops and an online forum in 2017 and 2018.

The leadership of the Open Government Partnership has now confirmed that the United States is under review after it has failed to deliver commitments in good faith for two years.

“Having failed to submit an Action Plan by 12/31, the US will automatically be placed under ‘Review’ for procedural violations,” tweeted Nathaniel Heller, co-chairman of the Open Government Partnership. “That Review process can ultimately lead to being rendered ‘Inactive’ in OGP, or resolved with the eventual submission of a NAP in the coming months.

In followup tweets, Heller clarified that there is now a strong precedent that, if a country fails to deliver the NAP during the Review period (here, Aug 2019), the Steering Committee would be very likely to agree to inactivity.

Aidan Eyakuze, co-chairman of the OGP Criteria and Standards subcommittee, clarified the next steps in a 5-part series of tweets, which add up to the following statement, condensed.

“The United States did not deliver an Open Government Partnership Action Plan (NAP) by the December 31, 2018 deadline. This delay means the US has not delivered an Action Plan for two consecutive cycles. As a result, the US will be placed under review by the Open Government Partnership Criteria & Standards subcommittee (C&S). This review process involves enhanced support by C&S, the Open Government Partnership Support Unit and the full Open Government Partnership Steering Committee to resolve issues that have delayed the submission of the NAP. The US will continue to be a full member of Open Government Partnership as the review process progresses, and a NAP for 2019 – 2021 is expected by August 31, 2019. If a NAP is not submitted by this date, C&S may consider recommending to the full Open Government Partnership Steering Committee that the US be designated as inactive.”

The consequence of missing the deadline are unclear.

On the one hand, the shadowed record on good government and “information darkness” of the Trump administration and has been well-documented by journalists and nonpartisan watchdogs. On the other, Republicans still believe that this is an open and transparent administration.

“In the summer of 2018, an increasing proportion of the American public now tells Pew Research that President Trump “has definitely or probably not run “an open and transparent administration.” But there also has been an increase in the proportion of people who think that Trump definitely has done so, likely in part because the president has made that claim repeatedly.

In fact, in 2018 more Republicans now say Trump has run an open and transparent administration, over a time period when his administration’s record on open government if anything, grew worse in its second year: secretive, corrupt, hostile to journalism and whistleblowers, mired in scandal, shadowed by foreign entanglements, and characterized by false and misleading claims made to the public by a president whose tangled relationship with the truth is unprecedented in American history.”

As with President Trump’s corruption, his administration’s failure to deliver a new plan for open government and commit to democratic governance should speak for itself.

But in our age of partisan polarization and presidential disinformation, the news that the Trump administration failed to deliver new commitments on open government is likely to be dismissed by supporters and buried behind the President’s prime time address on immigration tonight, particularly if he invokes the emergency powers of his office. The public deserves better.

Updates on open government from the U.S. National Archives

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Open government endures in the nation’s capital. On November 19, the U.S. National Archives and Records Administration (NARA) hosted a meeting between the Archivist of the United States, David Ferriero, senior officials, and representatives of civil society organizations that advocate for transparency and accountable government. Ferreiro has been hosting these meetings for nine years and counting. As in the past, I shared the agenda of our discussion online on the day of the meeting.

And, as in the past, NARA told me that the information they shared with us at the meeting was public – so I’ve written up what I learned, below.

On Kavanaugh records requests

The first topic on the agenda addressed Congressional and Freedom of Information Act requests and subsequent records disclosures stemming from associate Supreme Court Justice Brett Kavanaugh’s public service at the White House.

These records were the subject of considerable interest before his nomination and continue to be relevant to public understand of his public service and legal thinking, now that he has been confirmed to a seat on the nation’s highest court. (The White House invoked executive privilege on many of these documents.)

NARA’s chief counsel, Gary Stern, said that NARA has tried to be as transparent as possible about these records in response to requests from the U.S. Senate, highlighting the landing page for Kavanaugh’s records on Archives.gov. These requests comprise some 900,000 pages from Kavanaugh’s tenure as White House counsel in the Bush administration and 20,000 from his time on the special counsel’s team, of which 300,000 were processed by the end of October.

NARA could not process and disclose all of these records in their entirety prior to the hearing, Stern said. The remainder are pending, with another tranche of documents expected to go online in mid-December.

NARA determined that it was legally obligated to respond only to requests from the chairman of a given Senate or House Committee, citing an opinion by the Department of Justice’s Office of Legal Counsel.

Stern also noted a parallel process of review in which a private attorney, Bill Burke was involved in reviewing records for disclosure.

In answer to my question, NARA’s chief counsel confirmed that this situation was unprecedented, and said the scenario was neither addressed nor precluded by the statute.

As with the issue of requests by the minority party or the transparency of presidential libraries, NARA said that Congress would need to change the statute to address any loopholes.

Updates from the National Declassification Center (NDC)

The NDC is moving forward with declassification of more records from the Nixon presidency. It is also consolidating all classified records from the libraries of former administrations. NARA said it will announce a new National Declassification Center director this calendar year.

Separately, NDC chief operating officer William Bosanko said that NDC has sent CDs with more records from the Argentina Declassification Project to the National Security Council. NARA said that President Donald J. Trump will give the CDs to Argentine President Mauricio Macri at this week’s G20 Summit in Buenos Aires, as he did in 2017. The records on them will be disclosed to the public at the end November.

These disclosures by the State Department and US intelligence agencies are the result of actions directed by President Barack Obama in 2016, when he announced that the United States would declassify records about human rights abuses during Argentina’s dictatorship, from 1976 to 1983.

Updates from the Information Security Oversight Office (ISOO)

ISOO director Mark Bradley said that the office is making slow, deliberate, ongoing progress updating a new executive order on security classification system and has found it refreshing to find support in his work across agencies on the recommendations in ISOO’s annual report to the president. He noted that ISOO is facing the challenge of declining budgets at the same time a deluge of electronic records is inbound across the federal government.

Updates on records management

Laurence Brewer, the chief records officer of the United States, said NARA is continuing to work on updating the 2005 records guidance on Web records, with a goal of getting new guidance in place before 2020. NARA is focusing on modernization and transparency, and internally discussing how technology, resources, and sustainability. The updated guidance will include not just websites, but social media, instant messaging, cloud-based collaboration software like Slack, and ephemeral apps like Snapchat.

Brewer said that there will be a follow-up “very soon” on a 2017 meeting regarding this policy with me, Gavin Baker from the American Library Association, and the former leaders of the Sunlight Foundation’s Web Integrity Project. Sunlight, the American Library Association, and OpenTheGovernment subsequently sent a letter to NARA advocating that the policy include proactive public engagement, including public explanation and narration of updates, downtime, or removals to public records online. I encouraged NARA to engage more public stakeholders in future discussions, particularly the Internet Archive and the Library of Congress.

Separately, NARA is evaluating Regulations.gov as a government-wide tool for sharing proposed schedules and gathering public comment, moving beyond email. I highlighted some concerns about the impact of limitations to the Regulations.gov API on public access to public comments, and encouraged NARA to ensure bulk open data access would be an option.

When asked about the failure of the Department of Homeland Security to create adequate documentation to enable the reunification of children with their parents when it began enforcing the Trump administration’s family separation policy, NARA’s position is that DHS should have been creating records sufficient to the need. (This fall, a former adviser in DHS’ Office for Civil Rights and Civil Liberties said Border Patrol and Immigrations Customs Enforcement agents did not consult with the office, nor create sufficient documentation to enable the Department of Health to reunite families.) Brewer said that NARA relies upon agencies to have policies in place for a given activity, although it does require agencies to conduct training at all levels and performs oversight triggered by risk assessments of self-reported data and unauthorized dispositions.

When asked about the use of phone calls to avoid creating records, Stern said that while there is a threshold need to create adequate paper documentation of public business, it’s subject to interpretation. NARA has talked with senior staff about the issue and unauthorized dispositions and will posting updates on its dashboard.

When asked about reports that the President of the United States has a habit of ripping up public records – and that the career civil servants at the records management office tasked with taping them back together had been terminated – NARA’s chief counsel said that it has no authority regarding violations of the Presidential Records Act. Archivist David Ferriero said that he is in regular contact with the White House and has provided guidance on presidential and federal records.