The Department of Justice’s “FOIA Wizard” isn’t a magical solution for White House strategic silence on open government

In December 2021, President Biden urged “every nation in the Open Government Partnership to take up a call to action to fight the scourge of corruption, to “stand with those in civil society and courageous citizens around the world who are demanding transparency of their governments,” and to “all work together to hold governments accountable for the people they serve.”

Almost two years later, the United States is still not leading by the power of our example by including the priorities of US civil society organizations in additional commitments and engaging the American people and press using the bully pulpit of the White House, despite rejoining the Open Government Partnership’s Steering Committee.

That disconnect was evident at a public meeting with the Department of Justice’s Office of Information Policy (OIP) on September 26, 2023. Members of the public and press who are interested in a first look at the Freedom of Information “Wizard” the OIP has been building with Forum One Communications can watch recorded video of the meeting on YouTube, along with DoJ’s work on common business standards and the “self-assessment toolkit” the agency updated. All three of these pre-existing initiatives were submitted as commitments on FOIA in the 5th U.S. National Action Plan for Open Government last December.

The General Services Administration’s new Open Government Secretariat will post a “meeting record” at open.usa.gov — their summary of what happened — though it’s not online yet. (Slides are online, along with agenda and screenshots.)

We posed a number of questions via chat that Lindsey Steel from OIP acknowledged, though not always directly answered — like the U.S. government not co-creating any of the FOIA commitments that were being discussed with civil society, in the Open Government Partnership model. (Unlike other previous public meetings in 2022 and 2023, members of civil society were given the opportunity to ask questions on video.)

While it’s both useful and laudable for OIP to take public questions on its work, the pre-baked commitments they presented on were not responsive to the significant needs of a historic moment in which administration of the Freedom of Information Act appears broken to many close observers, and follow an opaque, flawed consultation that was conducted neither in the spirit nor co-creation standards of the Open Government Partnership itself.

While the Open Government Partnership’s Independent Review Mechanism is far slower that press cycles in 2023, the independent researchers there have caught up with the USA’s poor performance since 2016. (Unfortunately, the OGP’s Independent Review Mechanism and Steering Committee’s governance processes both move too slowly to sanction governments during or after the co-creation process for failing to meet co-creation standards in a way that would have empowered US civil society in 2022.)

In a letter dated August 13, 2023, the Open Government Partnership formally informed the US government on August that it has acted contrary to process in its co-creation of.4th National Action Plan for Open Government and implementation of the plan.

The U.S. government’s response did not directly acknowledge any of the substantive criticism in the IRM or by good government watchdogs, much less announce a plan to address its failure to co-create a 5th National Action Plan last fall by coming back to the table.

Instead, the General Services Administration simply promised to do better in 2024 in a 6th plan and to keep updating the public on the work U.S. government was already doing.

The request of the coalition prior to the Open Government Partnership Summit was for the U.S. government to come back to the table and co-create new commitments that are representative of our priorities, not to continue hosting virtual webinars at which civil servants provide “updates” on pre-existing commitments in order to be in compliance with the bare minimum that OGP asks of participating nations.

With respect to FOIA, doing more than the minimum would look like the White House making new commitments to effective implementation of the FOIA Improvement Act of 2016 and the Open Government Data Act through executive actions, including:

  • Building on U.S. Attorney General’s memorandum mandating the presumption of openness and ensure fair and effective FOIA administration.
  • Convening the U.S. Digital Service, 18F, and the nation’s civic tech community to work on improving FOIA.gov, using the same human-centric design principles for improved experience that are being applied to service delivery across U.S. government.
  • Making sure FOIA.gov users can search for records across reading rooms, Data.gov, USASpending.gov, and other federal data repositories.
  • Restoring a Cross-Agency Priority goal for FOIA.
  • Advising agencies to adopt the US FOIA Advisory Committee recommendations.
  • Tracking agency spending on FOIA and increase funding to meet the demand.
  • Directing the Department of Justice to roll out the “release-to-one, release-to-all” policy for FOIA piloted at the direction of President Obama, which the State Department has since adopted.
  • Collecting and publishing data on which records are being purchased under the FOIA by commercial enterprises for non-oversight purposes, and determine whether that data can or should be proactively disclosed.
  • Funding and building dedicated, secure online services for people to gain access to immigration records and veterans records — as the DHS Advisory Committee recommended — instead of forcing them to use the FOIA.
  • Commiting to extending the FOIA to algorithms and revive Code.gov as a repository for public sector code.”

We continue to hope that President Biden will take much more ambitious actions on government transparency, accountability, participation, and collaboration in order to restore broken public trust in our federal government, acting as a bulwark against domestic corruption and authoritarianism.

Data journalism and the changing landscape for policy making in the age of networked transparency

This morning, I gave a short talk on data journalism and the changing landscape for policy making in the age of networked transparency at the Woodrow Wilson Center in DC, hosted by the Commons Lab.

Video from the event is online at the Wilson Center website. Unfortunately, I found that I didn’t edit my presentation down enough for my allotted time. I made it to slide 84 of 98 in 20 minutes and had to skip the 14 predictions and recommendations section. While many of the themes I describe in those 14 slides came out during the roundtable question and answer period, they’re worth resharing here, in the presentation I’ve embedded below:

On data journalism, accountability and society in the Second Machine Age

On Monday, I delivered a short talk on data journalism, networked transparency, algorithmic transparency and the public interest at the Data & Society Research Institute’s workshop on the social, cultural & ethical dimensions of “big data”. The forum was convened by the Data & Society Research Institute and hosted at New York University’s Information Law Institute at the White House Office of Science and Technology Policy, as part of an ongoing review on big data and privacy ordered by President Barack Obama.

Video of the talk is below, along with the slides I used. You can view all of the videos from the workshop, along with the public plenary on Monday evening, on YouTube or at the workshop page.

Here’s the presentation, with embedded hyperlinks to the organizations, projects and examples discussed:

For more on the “Second Machine Age” referenced in the title, read the new book by Erik Brynjolfsson and Andrew McAfee.

President Obama to host Google+ Hangout on January 31st

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The Google home page currently has a link to ask President Obama a question in a Google+ Hangout. That’s some mighty popular online real estate devoted to citizen engagement.

The first presidential hangout featured real questions from citizens. I hope this one is up to the same standard.

You can see publicly shared questions on the #AskObama2014 hashtag on YouTube or Google+.

More details on the “virtual road trip” with President Obama are available at the official Google blog.

We are, once again, living in the future.

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R U up? Haz $ 4 Uncle Sam? [USGAO to host online chat about taxes & Bitcoin]

More signs that it’s 2013 and we’re all into the 21st century: Tomorrow at 2 PM ET, the United States Government Accountability Office will answer online questions about a decentralized electronic currency during a livestreamed event. 

Yes, the USGAO is talking to the Internet about Bitcoin.

And yes, the agency tweeted about it.

Using social media to convene and amplify a discussion about a difficult, timely topic is a terrific use of the medium and the historic moment. Here’s hoping that USGAO officials get good questions and give frank, clear answers.

You can read more about Bitcoin and taxes at National Journal and follow along at #AskGAOLive on Twitter tomorrow.

White House moves to bash patent trolls, though Congress still must enact trollbane

This morning, President Obama moved to curb suits from “patent trolls,” entities that many observers of the technology industry have been warning have increasingly been harming innovation across the United States. As it turned out, those concerned parties have been right to decry the trend: a report (PDF) contained a startling statistic: the number of lawsuits brought by patent trolls has nearly tripled in the past 2 years, now accounting for 62% of all patent lawsuits in America. As Edward Wyatt pointed out in the New York Times, this surge in patent lawsuits is directly related to the passage of a 2011 law that was designed to address the trouble.

The White House announced several executive actions today to take on patent trolls, including a series of workshops, scholarship opportunities, a consumer-facing website and a review of exclusion orders. The administration will also begin a rulemaking process at the U.S. Patent Office to that would “require patent applicants and owners to regularly update ownership information when they are involved in proceedings before the PTO, specifically designating the ‘ultimate parent entity’ in control of the patent or application.”

One interesting additional outcome of the day’s news is that White House Google+ Hangouts matter. Entrepreneur Limor Fried’s unexpected question to President Obama on patent trolls during a White House Hangout in February 2013 led to a frank answer and contributed to the White House’s action today, a connected directly made by the @WhiteHouse Twitter account. Here’s what the president said, back in February:

A couple of years ago we began the process of patent reform. We actually passed some legislation that made progress on some of these issues, but it hasn’t captured all the problems. And the folks that you’re talking about are a classic example. They don’t actually produce anything themselves, they’re just trying to essentially leverage and hijack somebody else’s idea and see if they can extort some money out of them. And, you know, sometimes these things are challenging, because we also want to make sure that the patents are long enough that, you know, people’s intellectual property is protected. We’ve got to balance that with making sure that they’re not so long that innovation is reduced. And, but I do think that our efforts at patent reform only went about halfway to where we need to go. And what we need to do is pull together, you know, additional stakeholders, and see if we can build some additional consensus on some smarter patent laws. This is true, by the way, across the board when it comes to high tech issues. The technology’s changing so fast. We want to protect privacy, we want to protect people’s civil liberties, we want to make sure the Internet stays open. And I’m an ardent believer that what’s powerful about the Internet is its openness and the capacity for people to get out there and just introduce a new idea with low barriers to entry.

I hope President Obama does more Google+ Hangouts and is asked more tough questions regarding drones, patents and other issues on the minds of the People, far outside of the DC media bubble.

Hangouts aside, as Greg Ferenstein pointed out at TechCrunch, the administration is going to need Congress to effectively curb these abuses: the president can’t simply declare an end to this mess: Congress must be involved.

Five relevant bills have been introduced recently, as Michelle Quinn noted out at Politico and Joe Mullen emphasized at Ars Technica, and while the legislative reforms suggested by the White House could make a real difference in curbing the worst of patent troll abuses, it’s not at all clear what this Congress is capable of passing through both chambers at this point.

Timothy Lee, newly ensconced at Wonkblog at the Washington Post, isn’t convinced that such legislation, even if passed, will effectively smash patent trolls. Lee would like to see the federal government fix a broken patent system. Unfortunately for that aspiration, Washington recently passed an America Invents Act and is now moving forward on implementation. It’s not at all clear how soon substantial reform will end up on a president’s desk again soon.

[Animated GIF credit: White House Tumblr. Oh yes, there will be GIFs. ]

Delivering Government 2.0 at GOV.UK

Mike Bracken, U.K. government’s executive director of digital, talks with the Wall Street Journal about how new technologies and approaches can reduce one of the biggest issues in government IT: expensive government IT projects that run long.

For more perspective on what Bracken is talking about, read about how GOV.UK is redefining the online government platform.

How does the State Department practice public diplomacy in the age of social media?

Millions of people around the world are aware that the U.S. Department of State is using Twitter, Facebook and YouTube. Between them, the U.S. Department of State, U.S. embassies and consulates now collectively manage:

  • 125 YouTube channels with 23,940 subscribers and 12,729,885 million video views
  • 195 Twitter accounts with 1,403,322 followers;
  • 288 Facebook pages with 7,530,095 fans.

The U.S. Department of State also maintains a presence on Flickr, Tumblr, and Google+, and an official blog, DipNote. Its embassies and consulates also maintain a presence on these social media platforms and produce their own blogs.

What many U.S. citizens may not realize is that U.S. foreign service officers are also practicing public diplomacy on China’s Weibo microblogging network or Russia’s vkontakte social network. The U.S. Department of State also publishes social media content in 11 languages: Arabic, Chinese, Farsi, French, English, Hindi, Portuguese, Russian, Spanish, Turkish, and Urdu. Many embassies are also tweeting in local languages, including German, Indonesian, Korean, and Thai.

That’s a lot of talking, to be sure, but in the context of social media, a key question is whether the State Department is listening. After all, news about both human and natural crises often breaks first on Twitter, from the early rumblings of earthquakes to popular uprisings.

This morning, three representatives from the U.S. Department of State shared case studies and professional experiences gleaned directly from the virtual trenches about how does social media is changing how public diplomacy is practiced in the 21st century. In the video embedded below, you can watch an archive of the discussion from the New America Foundation on lessons learned from the pioneers who have logged on to share the State Department’s position, listen and, increasingly, engage with a real-time global dialogue.

http://www.ustream.tv/flash/viewer.swf

Video streaming by UstreaPARTICIPANTS

  • Suzanne Hall (@SuzKPH), Senior Advisor, Innovation in the Bureau of Educational and Cultural Affair, U.S. Department of State
  • Nick Namba (@nicholasnamba), Acting Deputy Coordinator for Content Development and Partnerships, U.S. Department of State’s Bureau of International Information Program
  • Ed Dunn (@EdAndDunn), Acting Director, U.S. Department of State’s Digital Communications Center

http://storify.com/digiphile/practicing-public-diplomacy-at-the-u-s-state-depar.js[View the story “Practicing public diplomacy at the U.S. State Department in the age of social media” on Storify]

What is the relationship of social media and politics in 2012?

http://storify.com/digiphile/what-is-the-relationship-of-social-media-and-polit.js[View the story “What is the relationship of social media and politics in 2012?” on Storify]

Laptops, smartphones and social media allowed in U.S. House press gallery

The C-SPAN coverage of the resignation of Rep. Gabrielle Giffords (D-AZ) and tributes to her in the United States House of Representatives included something new: the House-controlled cameras provided an unusual display of extra TV camera shots in the House chamber, including the Giffords family in the House gallery.

In general, the viewing public does not get to see what’s happening elsewhere in the House. “These additional angles added much to the public’s appreciation for this Congressional action,” said Howard Mortman, communications director for C-SPAN, “and might lead one to ask, why not permit such camera shots every day?”

Mortman also alerted me to another interesting development: According to a new Roll Call story, journalists now can bring their laptops into the press gallery and use them to report on what’s happening. Reporters have to ask to do it — and they’ll need to have fully charged laptop batteries — but Superintendent Jerry Gallegos told Roll Call that he will allow laptops in for special events.

“It won’t be something that at this point we’ll be doing on a daily basis, just because power is an issue out there,” he said. “But because the House changed their rules allowing BlackBerrys on the floor … it didn’t make sense for Members to be able to tweet and not be able to have reporters get the tweets.”

It’s not the first time computers have graced the gallery, Gallegos said. The decision to allow laptops goes back to then-Speaker Newt Gingrich (R-Ga.). But the gallery staff tired of arguing with testy writers about why plugging multiple power cords into limited outlets and running wires across the floor is a fire hazard.

“Early on, they weren’t going to be able to operate without plugging in,” he said. “It was very obvious that was going to create a safety hazard.”

Thankfully, battery technology has evolved since the 1990s and the House Chief Administrative Office equipped the chamber with Wi-Fi in August. So, Gallegos said, “It just seemed like now was the time.”

Even if the laptops run out of battery power or have connectivity issues, however, reporters will now have another option: Mortman tells me that iPhones, iPads, BlackBerrys and other smartphones will also be allowed into the press gallery of the U.S. House on a “trial basis.”

As a result, we should expect to see more livetweeting and Facebook updates from journalists on-site. That said, there’s a major caveat: Mortman said that the trial will be monitored to ensure that no photos or video are recorded.

Given the role that smartphones now play in the professional lives of journalists of all beats, political, tech or otherwise, the limitation on pictures and video is notable. There’s a good chance that the trial could be tested, as soon as a newsworthy event occurs off the C-SPAN camera. Late last year, during a debate over the payroll tax, House staff shut down C-SPAN cameras. Government staff acting to limit the capacity of a journalist to record a debate between elected representatives in the People’s House might raise valid First Amendment questions.

“One day, hopefully, the House (and U.S. Senate) will also allow in independent media TV cameras,” said Mortman.