Improving open government oversight through FOIA reform

The Freedom of Information Act is one of the primary levers by which journalists, government watchdogs and other organizations can hold the United States government accountable. Today in Washington, the U.S. House of Representatives Committee on Oversight and Government Reform held a hearing on “The Freedom of Information Act: Crowd-Sourcing Government Oversight.
Full House Oversight and Reform Committee

The testimony of the witnesses made it clear that major issues persist with the cost, mechanism and compliance with FOIA requests made to government agencies.

Public information should be online in real time, said Representative Darrell Issa (R-CA) (@DarrellIssa), chairman of the committee.

His prepared statement provided context for the focus of the hearing:

The Freedom of Information Act (“FOIA”) is one of the most important tools for government transparency and accountability. It permits the private-sector, the media, watchdog groups, and the general public to scrutinize the activities of federal agencies – from the telephone logs and email correspondence of federal employees to internal memoranda, transcripts, and meeting minutes.

Minus a few specific exemptions designed to protect narrowly-defined privacy concerns, national security and law enforcement matters, claims of executive privilege and trade secrets, information about the government’s work is required by law to be publicly accessible. Indeed, every federal agency, commission, department and corporation – as well as the White House itself – falls under FOIA’s expansive authority.

Representative Elijah Cummings (D-MD) defended the record of the Obama administration on open government and quoted President James Madison in his opening statement:

A popular government without popular information or the means of acquiring it, is but a prologue to a farce, or a tragedy, or perhaps both. Knowledge will forever govern ignorance, , and a people who mean to be their own governors, must arm themselve with the power knowledge gives.”

Rep. Cummings introduced a new bill today, entitled the “Transparency and Openness in Government Act.” (As of the time this post went live, it was not in Thomas.gov yet.) According to Rep. Cummings, the bill would make federal commissions more transparent, increase access to records, ensure government email records were preserved and improve GAO access to govt records. The legislation includes five bills that passed the House during the 111th Congress:

  • The Federal Advisory Committee Act requires agencies to disclose more information about advisory committees and closes existing loopholes;
  • The Presidential Records Act increases public access to White House records by establishing statutory procedures prior to FOIA releases;
  • The Presidential Libraries Donation Reform Act mandates greater public disclosure of library donor information;
  • The Electronic Message Preservation Act modernizesthe Federal Records Act and the Presidential Records Act to ensure that White House and agency e-mail records are preserved;
  • The GAO Improvement Act strengthens the authority of the Government Accountability Office to access agency records.

Transparency shouldn’t be a partisan issue, emphasized Cummings.

Miriam Nisbit of OGIS

The committee heard from a distinguished panel of witnesses, including Miriam Nesbit, the director of the Office of Government Information Services (OGIS) at the National Archives and Records Administration. OGIS opened in September 2009 and acts as an ombudsman for FOIA request. “OGIS encourages a more collaborative, accessible FOIA for everyone,” said Nisbet.

While both witnesses and congressmen recognized that the Department of Justice launched FOIA.gov at the outset of Sunshine Week, “there is the awkward fact the Justice Department’s own FOIA backlog has not been reduced in the past year,” observed Daniel Metcalfe, executive director of Collaboration on Government Secrecy.

The costs of FOIA are part of that story. “In 2010, agencies reported nearly $400 million to process FOIA requests,” testified Rick Blum of SunshineInGovernment.org.

There’s also the issue of agencies and officials claimed exemptions to requests. Blum noted that for Sunshine Week, ProPublica created a searchable database of FOIA exemptions.

These claimed exemptions extend to the White House. Tom Fitton of Judicial Watch challenged the Secret Services’ contention that visitor logs are not subject to FOIA.

While the Project of Government Oversight’s Angela Canterbury gave the administration credit for proactive information release at USASpending.gov, Data.gov, Recovery.gov and FOIA.gov, she acknowledged that “if FOIA is the yardstick for openness, then we haven’t gotten very far yet.”

The issue lies is in the default towards secrecy versus openness. “Too often, overt secrecy has not only impaired the promise of FOIA but also has put the American people at risk,” said Canterbury.

That said, Daniel Metcalfe did offer recognition of President Obama’s elevation of open government in his administration, including a speech at the United Nations where openness was highlighted in an “unprecedented” way.

The written testimony of the witnesses is linked below. Video of the hearing will be available through the tireless efforts of citizen archivist Carl Malamud at House.Resource.org later in the week.

At the @NASATweetup, @Astro_Wheels shares the view from space

http://storify.com/digiphile/nasa-tweetup-with-astrowheels-shares-the-view-from.js

Making open government data visualizations that matter

Every month, more open government data is available online. Local governments are becoming data suppliers. Open healthcare data is spurring better decisions. There’s a tremendous amount of activity in open data – but there’s a long road ahead for open government. At the SXSW Interactive Festival in Austin, Texas, Jeremiah Akin and Michael Castellon made a case for “why visualizing government data makes taxpayers happy.”

The expectation of transparency is creating demand for government agencies to develop new ways to communicate complex data and trends to the public in easy-to-access and easy-to-understand formats.

Some agencies are turning to Google Maps and KML data to visualize raw information online and on mobile devices. Delivering data in more easily understandable formats not only boosts trust and confidence between government agencies and their publics, but also streamlines workloads among Data, Web, Editorial, and Customer Service teams.

The two men talked about how the Texas Comptroller is using public-facing maps to communicate with the public, including to the rapidly increasing numbers of citizens accessing government websites from mobile devices.

The utility of open government data can be quite concrete, as when live tsunami data is used to help save lives. It can also help people to understand more about the virtual lines in their towns and cities. In Texas, ClaimItTexas.org shows unclaimed property in Lone Star State.

Mobile transparency

The Texas Transparency Map is also available for touchscreen mobile devices and for tablets. That’s no accident: Akin said that mobile traffic to the site up four-fold since lat year.

“We’re seeing a lot more mobile access,” he said. “If we want to make it available on multiple devices, we need to create in a way that can be displayed.” That insight is a crucial one, and reverberates far beyond the government sphere. By choosing to develop non-native Web applications written in HTML5, Javascript and JSON, this cohort of Texas government avoided “Shiny App Syndrome.” Next steps include support for street level detail, Google Fusion tables, and geolocation.

Putting open government data to work

“Open government data has been used for a long time,” said Akin, citing the use of census data in newspapers. A new class of new media journalism is putting data to use in innovative ways, pointed out Castellon. “The Texas Tribune is one of the leaders in data visualization,” he said, which helps citizens to make sense of government data.

The key here, emphasized Akin, is that is not just enough to simply dump data. You need ways to visualize it and make it meaningful as information. “There’s a lot of resistance – people have been there, and that’s not how they’ve done things,” he said. “If you make a visualization that makes someone’s job easier pretty soon they start coming back to you.

With better data visualizations and more information, Castellon posited that more problem solving can take place. “When you release data, especiallly with science, education or research, there are stories embedded in that data,” he said.

In this narrative, it’s up to governments to release better, clean data in consumable formats and the evolving art of data journalism to make stories from it that give citizens, businesses and elected officials insight into the complexities of modern life.

Visualizing the future of programmable cities

Technology is fueling new visions for the future of cities. Today at the South by Southwest Interactive festival, a panel considered “Web Mashup Platforms and Future Programmable Cities. NYC chief digital officer Rachel Sterne (@RachelSterne) joined Christine Outram (@cityinnovation), Vlad Trifa (@vladounet) and Dominique Guinard (@domguinard) in exploring how open data, mobile platforms and citizen engagement will shape what comes next in urban life.

Below, visual notes by OgilvyNotes and ImageThink capture the conversation.

n Web Mashup Platforms and Future Programmable Cities

For more on how cities are embracing new platforms and technologies, learn about citizensourcing smarter government in New York City.

[Hat Tip: Rachel Sterne]

Open government scrutinized before the House Oversight Committee

This morning, the Oversight Committee in the United States House of Representatives held a hearing on the Obama administration’s open government efforts. The “Transparency Through Technology: Evaluating Federal Open-Government Initiatives hearing was streamed live online at oversight.house.gov.

House Oversight Chairman Darrell Issa (R-CA) asked his Twitter followers before the hearing a simple question “Have you tried to get facts on how gov’t spends your $ on USASpending.gov?” He received no answers.

The oversight committee did, however, hear extensive testimony from government IT executives and open government watchdogs. As Representative Issa probes how agencies balance their books, such insight will be crucial, particularly with respect to improving accountability mechanism and data. Poor data has been a reoccurring theme in these assessments over the years. Whether the federal government can effectively and pervasively apply open data principles appears itself to be open question.

The first half of the hearing featured testimony from Dr. Danny Harris, chief information officer for the Department of Education, Chris Smith, chief information officer for the Department of Agriculture, Jerry Brito, senior research fellow at the Mercatus Center at George Mason University and Ellen Miller, co-founder and executive director of the Sunlight Foundation.

Alice Lipowicz of Federal Computer Week tweeted out a few data points from the hearing.

  • A Sunlight Foundation audit found that the USDA spent $12.7B on school lunches but only reported $250,000 on USASpending.gov
  • According to Brito, “half of 3000 datasets on Data.gov are on EPA toxic releases, with only 200 to 300 datasets are on fed gov activity.” Lipowicz also tweeted that Brito testified that federal agencies need outside auditors and “ought to report ‘earnings’ similar to private sector.”
  • USDA CIO Chris Smith said that the agency did not report school lunch payments below $25,000 to USASpending.gov; will report in FY2012

In her testimony before the House committee on clearspending, Miller reiterated the position of the Sunlight Foundation that the efforts of the administration to make government spending data open, accurate and available have been insufficient, particularly when the data is wrong.

The Sunlight Foundation has been excited about the new promises of data transparency, but sometimes the results are nowhere near the accuracy and completeness necessary for the data to be useful for the public.

Sunlight’s Clearspending analysis found that nearly $1.3 trillion of federal spending as reported on USASpending.gov was inaccurate. While there have been some improvements, little to no progress has been made to address the fundamental flaws in the data quality. Correcting the very complicated system of federal reporting for government spending is an enormous task. It has to be done because without it there is no hope for accountability.

Miller made several recommendations to the committee to improve the situation, including:

  • unique identifiers for government contracts and grants
  • publicly available hierarchical identifiers for recipients to follow interconnected entities
  • timely bulk access to all data.

Her remarks ultimately reflect the assessment that she made at last year’s Gov 2.0 Summit, where she made it clear that open government remains in beta. Our interview is below:

Tracking the progress of the Open Government Directive requires better data, more auditors and improved performance metrics. That said, this looks like the year when many of the projects at agencies will move forward towards implementation.

Last month, the U.S. moved forward into the pilot phase of an open source model for health data systems as the fruits of the Direct Project came to Minnesota and Rhode Island. The Direct Project allows for the secure transmission of health care data over a network. Some observers have dubbed it the Health Internet, and the technology has the potential to save government hundreds of millions of dollars, along with supporting the growth of new electronic health records systems .Open source and open government have also come together to create OpenStack, an open cloud computing platform that’s a collaboration between NASA, Rackspace, Cisco and a growing group of partners.

It’s too early to judge the overall effort open government as ultimately a success or failure. That said, the administration clearly needs to do more. In 2011, the open question is whether “We the people” will use these new participatory platforms to help government work better.

Video of the hearing will be posted here when available. Testimony from today’s hearing is linked to PDFs below.

Dr. Danny Harris

Chris Smith

Jerry Brito

Ellen Miller

The Honorable Danny Werfel

Note: Video of the hearing was provided through the efforts of citizen archivist Carl Malamud at house.resource.org, the open government video website that he set up in collaboration with Speaker Boehner and Congressman Issa. While the open government efforts of the federal government have a long way to go, in this particular regard, a public-private collaboration is making the proceedings of the House Oversight committee available to the world online.

Daniel Weitzner is the new White House deputy CTO for Internet policy

DSC_5476

Image by Elon University via Flickr

There’s a new deputy chief technology officer in the White House Office of Science and Technology Policy: Danny Weitzner. He’ll be taking over the policy portfolio that Andrew McLaughlin held. The appointment appears to have been reported first by Julia Angwin in her story on a proposed bill for an online privacy bill of rights drafted by Senator John McCain (R-AZ) and Senator John Kerry (D-MA). Rick Weiss, director of communications at OSTP confirmed the appointment and said that they anticipate that Weitzner will start work “very soon.”

With the appointment, the OSTP staff has three deputy CTOs again working under federal CTO Aneesh Chopra: Chris Vein for innovation, Weitzner for Internet policy and Scott Deutchman for telecommunications policy.

Weitzner has a deep and interesting background when it comes to Internet policy. He was serving as associate administrator for policy at the United States Commerce Department’s National Telecommunications and Information Administration (NTIA), the principal adviser to the President on telecommunications and information policy. Prior to joining the Obama administration, Weitzner created the MIT CSAIL Decentralized Information Group and was used to be the policy director for the World Wide Web Consortium (W3C) before he joined . Here’s his bio from his time there:

Daniel Weitzner is Policy Director of the World Wide Web Consortium’s Technology and Society activities. As such, he is responsible for development of technology standards that enable the web to address social, legal, and public policy concerns such as privacy, free speech, security, protection of minors, authentication, intellectual property and identification. Weitzner holds an appointment as Principal Research Scientist at MIT’s Computer Science and Artificial Intelligence Laboratory, co-directs MIT’s Decentralized Information Group with Tim Berners-Lee, and teaches Internet public policy at MIT.

As one of the leading figures in the Internet public policy community, he was the first to advocate user control technologies such as content filtering and rating to protect children and avoid government censorship of the Intenet. These arguments played a critical role in the 1997 US Supreme Court case, Reno v. ACLU, awarding the highest free speech protections to the Internet. He successfully advocated for adoption of amendments to the Electronic Communications Privacy Act creating new privacy protections for online transactional information such as Web site access logs.

Before joining the W3C, Mr. Weitzner was co-founder and Deputy Director of the Center for Democracy and Technology, a leading Internet civil liberties organization in Washington, DC. He was also Deputy Policy Director of the Electronic Frontier Foundation. He serves on the Boards of Directors of the Center for Democracy and Technology, the Software Freedom Law Center, the Web Science Research Initiative. and the Internet Education Foundation.

His publications on technical and public policy aspects of the Internet have appeared in the Yale Law Review, Science magazine, Communications of the ACM, Computerworld, Wired Magazine, and The Whole Earth Review. He is also a commentator for NPR’s Marketplace Radio.

Mr. Weitzner has a degree in law from Buffalo Law School, and a B.A. in Philosophy from Swarthmore College.

As Angwin reported, Weitzner pushed for creation of the Commerce Department new privacy office while he was at NTIA. In his new role, he’s likely to be working closely with the FTC, Congress and a new privacy office at the Commerce that, according to Angwin, is likely to be run by Jules Polonetsky, currently head of the Future of Privacy Forum.

Weitzner’s appointment is good news for those who believe that ECPA reform matters and for advocates of free speech online. Given the recent role of the Internet as a platform for collective action, that support is worth acknowledging.

For those interested, Weitzner can be found on Twitter at @djweitzner. While he has not sent out a tweet since last November, his link to open government in the United Kingdom last July bodes well for his support for open data and Gov 2.0: “Proposed Government Data Transparency principles from UK gov’t via Shadbolt & Berners-Lee http://bit.ly/b1WyYs #opendata #gov20.”

 

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Talking about crisis data, social media and GIS on Federal News Radio

American Red Cross Conference On Use Of Intern...

Image by ShashiBellamkonda via Flickr

Earlier this week, the O’Reilly Radar published a new article about how the Red Cross and the Los Angeles Fire Department integrate social tools into crisis response. This afternoon, I talked with Federal News Radio‘s anchor Chris Dorobek about crisis data for the Dorobek Insider:

Have a crisis? Don’t worry, there’s an app for that.

With the emergence of social media tools, emergency responders have been forced to integrate social media into their crisis response.

During the Gulf Coast oil spill last year, the Coast Guard launched an app where you could actually track the oil. Now the Red Cross and the Los Angeles Fire Department are using Twitter and Facebook in their emergency response.

If you’re in the Washington, D.C. listening area, our interview was on at 4:05 and will be rebroadcast at 6:05 PM EST. For online listeners (that’s you, dear reader) you can listen to the show on crisis data here.

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Transit data as open government fuel for economic growth

Transportation Camp Big Board

At the Big Board at Transportation Camp NYC. Credit: Transportation Camp

Today in New York City, the attendees of TransportationCamp will look for ways to build a better to and fro. Technologists, trains fans, government workers and East Coast civic hackers have gathered for a sold out two-day unconference at the New York Law School Institute for Information Law and Policy. TransportationCamp East.

They’ve come together to discuss how the modern transit system can be improved, focusing on the intersection between technology, citizens, public data and government. Around the United States, there has been a blossoming of innovation in the city transit sector, driven by the passion of citizens and fueled by the release of real-time transit data by their city governments. These efforts have a long way to go, given challenges of driving interoperability standards to address the break of gauge. As open government moves from theory to practice, what lies ahead for Gov 2.0 will include more innovation in opening transit data as a platform for civic innovation.

In many cities, the future of open transit data is already around us, but the promise has yet to be fully realized. The case for open data in transit is made in the video below:

A Case for Open Data in Transit from Streetfilms on Vimeo.

An “open data project that I’m fond of that started very early in the open government process is GTFS, the General Transit Feed Specification,” said Tim O’Reilly.

That’s the data standard that lets transit districts feed their bus and train arrival times to applications like Google Transit, or any of the many smartphone apps that help you plan your trip on public transit. This standard started as a collaboration between Google and the city of Portland, but is now available from many cities. It’s a great example of how governments can think like platform providers. They have to equip their buses and trains with GPS, and report out the data. They could report it just to their own bus stops and train stations, or they could make it available to third parties to deliver in a hundred ways. Which is better for citizens? It’s pretty obvious.”

For passionate civic advocates like Laurel Ruma, a colleague at O’Reilly Media, getting real-time transit data in Boston was better than winning the World Series. (That might have been a harder sell in 2003, but table that for now). The decision to release and support open transit data online has spawned a new ecosystem of mobile applications, many of which are featured at MBTA.com. The addition of real-time transit data could add more value to the apps offering help for MBTA riders that went online in 2009, like the Mass Transit app that has been making money for SparkFish Creative.

It’s that kind of economic value creation combined with civic utility and accountability that has many people in the open government community excited. “Transportation has been a breakout segment of the “Gov 2.0” space over the last several years — it’s an issue with direct impacts on every citizen, and an area where we are seeing tons of innovation right now,” said Nick Grossman, director of civic works at OpenPlans. “Agencies are re-thinking their tech and data strategies, entrepreneurs and “civic hackers” are building tools at a furious rate, and the public is benefiting in tangible ways. We are excited to bring together many of the players in the space for two weekends of discussing, debating, and building at TransportationCamp.”

The unconference organizers posted the http://transportationcamp.org/topics/”>discussion topics online before Transportation Camp kicked off, so virtual onlookers and on-site participants alike can get a flavor of interests that range from walking to to cycling to ride sharing. (No evidence of transit via horse, mule nor camel is to be found, no doubt because of the changing face of New York City versus their utility).

“We are honored to be partnering with former White House deputy CTO for open government Beth Noveck and the Do Tank & Democracy Design Workshop at New York Law School, said Grossman. “Beth’s and the Do Tank’s work has been an inspiration for all forms of collaborative work around civic issues, governance, and democracy.”

TransportationCamp West will be in San Francisco March 19-20. Both of the unconferences are sponsored by NYC-based nonprofit OpenPlans. ”

“TransportationCamp is all about building connections across a widespread sector, from public officials, to software developers, to academics, to urban advocates and interested citizens,” said Grossman. “We hope to not only address some immediate issues (such as working on technical data standards), but also plant the seed for longer-term partnerships.”

Luke Fretwell captured an extensive Q&A with Grossman, were he talks more about TransportationCamp’s objectives and transportation’s impact on the bigger issues around Gov 2.0 and open government.

Follow @transpocamp and the #transpo hashtag on Twitter today and over the coming weeks to watch the discussion data unfold in real-time.

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Frank Hebert posted a recap of Saturday morning at Transportation Camp at the camp blog.

Question Time 2.0: GOP Leader on Quora, Rep. John Garamendi on Reddit

Last month, Matt Lira, a member of House GOP Leader Eric Cantor’s staff, asked how the United States Congress should use social media to enhance the legislative process on Quora, the hot question and answer website of the moment. To date, he’s received 19 answers, many quite substantive.

Today, Representative John Garamendi (D-CA) asked the Reddit community for “as many questions as he could get through” when he returned to the page at 8 PM tonight.

My name is John Garamendi, and I am a Member of Congress representing the 10th Congressional District in Northern California. Ask Me Anything. I will be back at 8 PM EST/5 PM PST today (Wednesday, March 2) to answer as many questions as I can get through.

I previously served as California Lieutenant Governor, California Insurance Commissioner, Deputy Secretary of the U.S. Interior Department under President Clinton, a state legislator, and a Returned Peace Corps Volunteer.

Garameni offered his House.gov website, YouTube channel and @RepGaramendi Twitter handle and Facebook page for Redditors to find him. When a member of the community expressed skepticism that it was “really him,” he tweeted that “Today I will join @reddit at 8PM EST for an #AMA Ask Me Anything. Thread will appear here: http://www.reddit.com/r/IAmA.”

As of 6:40 PM EST, there were more than 1400 comments on the thread, with many substantive questions voted to the top. The online public will see how frank he’s willing to be in that context.

Whether this is a success or not, it’s good to see representatives exploring new platforms for participatory democracy. They may be far from perfect but the moderation mechanisms on Reddit and Quora, along with their associated communities, hint at the ways that the next generation of e-democracy platforms will evolve. Tune in at 8 PM EST to see if Representative Garamendi takes the top questions on the forum.

UPDATE: The Congressman did, in fact, log in to Reddit and answered questions for nearly an hour. Here’s the the top-voted question, by “anexanhume”:

John,
I am curious as to whether or not you believe that it is possible to be a politician that reaches any major political office (say for instance, state legislator or large city mayor as the least important office) without owing either a person, political organization or corporation some sort of favor for reaching your office. Moreover, is it ever actually possible to vote on your principles consistently without the fear of losing reelection or angering someone who helped you get where you are?

Representative Garamendi answered:

Thank you for the question. It’s a good one. I believe I vote consistently with my principles. Obviously there are some political interests who align with me more than others, and that will be somewhat reflected in whom they choose to support. And like everyone, there are personal opinions about individuals that I sometimes keep to myself for the sake of congeniality and relationships.

So the answer to your question is I honestly don’t think I “owe” any group my allegiance. I’ve been in public policy enough that I doubt there’s a single group left in America that has given me a 100% report card every year I’ve been in office.
Ultimately, public policy is about choices and compromise. When I’m on the House floor, after all the debate is done, after all the deals have been struck, I’m left with a choice: Yes or No. This means I’ve voted for bills that had elements I didn’t like (I was disappointed the public option wasn’t in the Patient’s Bill of Rights for example) and voted against bills that had some good policy (I voted against tax cuts for millionaires and billionaires even though the bill contained an important extension of assistance for people looking for work). It’s clichéd at this point, but we shouldn’t let the perfect be the enemy of the good.

He answered two anonymous questions as well: Do you think a representative is elected to execute his own moral compass? Do you think a representative is elected to reflect the opinion of the constituency?

Good questions without an easy answer, but I’ll try. I fight tirelessly for the people of the 10th Congressional District, and luckily, priorities like transportation investments, job creation, Delta protection, health care access, fighting for veterans, ending the war in Afghanistan, and equal rights are both popular in the district and at the core of my policy goals.

My constituents have chosen me to be their voice in Washington, and that literally means making hundreds of decisions every week. I don’t expect anyone to agree with every decision, and there are times when I have access to more information than the public. Have I taken positions that a majority of my constituents disagree with at one point or another? Probably, but that’s the beauty of democracy. Every two years, the people have a chance to reevaluate who they’ve chosen to represent them.

There’s more on the Reddit thread, including answers on the budget, unions, entitlement reform, the financial crisis and more.

Beth Noveck testifies in Canadian Parliament on why open government matters

Today, Beth Noveck testified before the Canadian Parliament. She posted her testimony before the information privacy and ethics committee on her personal blog, including a statement on why open government matters:

Open government goes far beyond transparency. Opening up how institutions work to enable greater collaboration – open innovation – affords the opportunity to use network technology to discover creative solutions to challenges that a handful of people in Ottawa or Washington might not necessarily devise. By itself, government doesn’t have all the answers.

In the network age, twenty-first-century institutions are not bigger or smaller ones: they are smarter hybrids that leverage somewhat anarchic technologies within tightly controlled bureaucracies to connect the organization to a network of people in order to devise new approaches that would never come from within the bureaucracy itself. By using technology to build connections between institutions and networks, we can open up new, manageable and useful ways for government and citizens to solve problems together. Everyone is an expert in something and so many would be willing to participate if given the opportunity to bring our talents, skills, expertise and enthusiasm to bring to bear for the public good.

Noveck offered 10 principles for open government::

1. Go Open – Government should work in the open. Its contracts, grants, legislation, regulation and policies should be transparent. Openness gives people the information they need to know how their democracy works and to participate.

2. Open Gov Includes Open Access – Work created by and at the behest of the taxpayer whether through grants or contracts should be freely available. After the public has paid once, it shouldn’t have to pay again.

3. Make Open Gov Productive Not Adversarial – Given the time-consuming nature of responding to information requests today, Government should invest its human and financial capital in providing the data that people really want and will use. Officials should articulate what they hope people will do with the data provided (ie. design a new Federal Register) and also be open to the unexpected contributions that improve the workings of the organization and help the public.

4. Be Collaborative – It isn’t enough just to be transparent; officials need to take the next step of actively soliciting engagement from those with the incentives and expertise to help. Legislation and regulatory rulemaking should be open to public as early as possible in the process to afford people an opportunity – not simply to comment — but to submit constructive alternative proposals. Legislation should also mandate that agencies undertake public engagement during implementation.

5. Love Data – Design policies informed by real-time data. With data, we can measure performance, figure out what’s working, and change what’s not. Publishing the data generated in connection with new policies as well as “crowdsourcing” data gathered by those outside government enables innovation in policymaking. As an added bonus, open data also has the potential to create economic opportunity.

The National Oceanic and Atmospheric Agency in the United States has a ~$5 billion dollar annual budget. Through the open release of data, NOAA is catalyzing at least 100 times that value in the private sector market of weather and climate services when including market and non-market valuations. [15] The ~$1 billion it spends on the National Weather Service helps enable weather.com, which has since been sold for $3.5 billion. Hidden within the troves of public data is information that can translate into the next GPS or genomics industry.

6. Be Nimble – Where possible, invite innovations that can be implemented in 90 days or less. Forcing organizations to act more quickly discourages bureaucracy and encourages creative brainstorming and innovation. The need for speed encourages a willingness to reach out to others, including across the public sector.

7. Do More, Spend Less – Design solutions that do more with less. Instead of cutting a service to save money, ask if there is another way such as a prize or challenge to address people’s problems that both serves their needs and cuts costs. In this era of scientific and technological advances, we have amazing new ways of addressing problems if we can only recognize and implement them. Innovation may ultimately bring the win-win of more cost-effectiveness and greater engagement.

8. Invest in Platforms – So long as Freedom of Information, declassification and records management processes are entirely manual and data is created in analog instead of digital formats, open government will be very hard. Further, without tools to engage the public in brainstorming, drafting, policy reviews, and the other activities of government, collaboration will elude us. Focus on going forward practices of creating raw data and real engagement.

9. Invest in People – Changing the culture of government will not happen through statements of policy alone. It is important to ensure that policy empowers people to seek democratic alternatives and pursue open innovation. Consider appointing Chief Innovation Officers, Chief Democracy Officers, Chief Technology Officers.

10. Design for Democracy – Always ask if the legislation enables active and constructive engagement that uses people’s abilities and enthusiasm for the collective good. It is not enough to simply “throw” Facebook or Twitter at a problem. A process must be designed to complement the tool that ensures meaningful and manageable participation for both officials and the public.

Open government is not only an American endeavor, although aspects of the philosophy espoused by Thomas Jefferson can be found in the architectures of participation being built today. There are reasons to be by turns cynical, hopeful, concerned or inspired by the transitions taking place around the world, from Brazil to the Middle East to Europe to China. Noveck testified to that reality today:

“Transparency, participation, collaboration” is, by no means, an exclusively American mantra. Ten countries have launched national data portals to make public information transparent and accessible in raw formats. The British Parliament is debating amending its Freedom of Information Act to provide that, when so requested, the government must “provide the information to the applicant in an electronic form which is capable of re-use.”[10] Poland and Brazil are also working on open access legislation. Ten Downing Street like the White House has invited the citizenry and civil servants to brainstorm ideas for how to cut spending. They both publish government contracting data.[11a][11b] Australia launched a national Government 2.0 taskforce to explore opportunities for citizen engagement. The United Nations and the World Bank are jumping on the open-data and collaboration bandwagon. India and the United States have an open government partnership. Local governments from Amsterdam to Vladivostok are implementing tools bring citizens into governance processes to help with everything from policing to public works in manageable and relevant ways

These recommendations will be useful to other government officials or countries considering open government programs.
They should be also weighed against the analysis that John Foley recently posted at Information Week Government, where he published 10 steps to open government. Foley acknowledged the success of the open government efforts of the current administration, including the accomplishments that Noveck described in her testimony, and offered a critical list of the ways that those entrusted with carrying policy forward will need to grow and improve in implementation.

Of these, perhaps the most important is awareness: without public participation, many of the initiatives and platforms that Noveck helped to start are not likely gain the critical mass, scrutiny or traction that they require to succeed.

With that aim of raising more awareness about what open government means in practice, here’s Noveck’s talk on “10 ways to change the world” from last year’s Gov 2.0 Summit is embedded below: