E-Government & Transparency

From the Politico’s “Politico 44” blog:

President Obama finally and quietly accepted his “transparency” award from the open government community this week — in a closed, undisclosed meeting at the White House on Monday.

The secret presentation happened almost two weeks after the White House inexplicably postponed the ceremony, which was expected to be open to the press pool.

The same post also contains a great quote from Steve Aftergood, the director of the Project on Government Secrecy at the Federation of American Scientists, who said that the award was “aspirational,” much like Mr. Obama’s Nobel Peace Prize.

When am I going to receive a Pulitzer to encourage me to write better blog posts?

Last year I was asked by the Aspen Institute Communications and Society Program and the John S. and James L. Knight Foundation to author a study on models for local online hubs or community web portals. This paper was one of several commissioned by the Knight Foundation to implement the 15 recommendations found in the Knight Commission report on the Information Needs of Communities in a Democracy.  The specific Knight Commission recommendation I focused on in my white paper read as follows: “Ensure that every local community has at least one high-quality online hub.” More specifically, it said: “Communities should have at least one well-publicized portal that points to the full array of local information resources. These include government data feeds, local forums, community e-mail listservs, local blogs, local media, events calendars, and civic information. [The entire three paragraph recommendation can be read here.]

My resulting white paper is entitled, Creating Local Online Hubs: Three Models for Action, and it was released by the Aspen Inst. & Knight Foundation at an event this morning.  (Another Aspen/Knight white paper was simultaneously released on Government Transparency: Six Strategies for More Open and Participatory Government. It was written by Jon Gant and Nicol Turner-Lee.) A short summary of my report follows down below, and you can find the entire report online here.  I’ve also embedded the video of this morning’s launch event for both reports.

Continue reading →

A headline in the USA Today earlier this week screamed, “Hello, Big Brother: Digital Sensors Are Watching Us.”  It opens with an all too typical techno-panic tone, replete with tales of impending doom:

Odds are you will be monitored today — many times over. Surveillance cameras at airports, subways, banks and other public venues are not the only devices tracking you. Inexpensive, ever-watchful digital sensors are now ubiquitous.

They are in laptop webcams, video-game motion sensors, smartphone cameras, utility meters, passports and employee ID cards. Step out your front door and you could be captured in a high-resolution photograph taken from the air or street by Google or Microsoft, as they update their respective mapping services. Drive down a city thoroughfare, cross a toll bridge, or park at certain shopping malls and your license plate will be recorded and time-stamped.

Several developments have converged to push the monitoring of human activity far beyond what George Orwell imagined. Low-cost digital cameras, motion sensors and biometric readers are proliferating just as the cost of storing digital data is decreasing. The result: the explosion of sensor data collection and storage.

Oh my God! Dust off you copies of the Unabomber Manifesto and run for your shack in the hills!

No, wait, don’t. Let’s instead step back, take a deep breath and think about this. As the article goes on to note, there will certainly be many benefits to our increasing “sensor society.”  Advertising and retail activity will become more personalized and offer consumers more customized good and services.  I wrote about that here at greater length in my essay on “Smart-Sign Technology: Retail Marketing Gets Sophisticated, But Will Regulation Kill It First?”  More importantly, ubiquitous digital sensors and data collection/storage will also increase our knowledge of the world around us exponentially and do wonders for scientific, environmental, and medical research.

But that won’t soothe the fears of those who fear the loss of their privacy and the rise of a surveillance society in which our every move is watched or tracked. So, let’s talk about what those of you who feel that way want to do about it.

Continue reading →

So I say in Politico today. Highlights:

During his first two years in office, the president generated a lot of heat in the transparency area — but little sunlight. House Republicans can quickly outshine Obama and the Democratic Senate. It all depends on how they implement the watch phrase of their amendment package: “publicly available in electronic form.”
. . .
The House can reach the gold standard for transparency if its new practices make introducing a bill and publishing the bill online the same thing. Moving a bill out of committee and posting the committee-passed version as online data must also be the same thing. Voting on a bill and publishing all data about the vote online must be standard procedure.
. . .
The transparency community owes it to Congress to say how it wants to get the data.

Of course, I’ve fooled you just a little bit. The whole thing is a highlight! (ahem) Read it.

This morning, a database of FY 2011 earmark requests was released by Taxpayers Against Earmarks, Taxpayers for Common Sense, and my own WashingtonWatch.com. With House Republicans generally eschewing earmarks this year, members of Congress and senators still sought over 39,000 earmarks, valued at over $130 billion dollars. Learn more on the relevant pages at Taxpayers for Common Sense, Taxpayers Against Earmarks, and WashingtonWatch.com.

This is transparency. The production of organized, machine-readable data has allowed these differing groups—an advocacy organization, a spending analysis group, and a “Web 2.0” transparency site—to expand the discussion about earmarks. The data is available to any group, to the press, and to political scientists and researchers.

Earmarking is a questionable practice, and, anticipating public scrutiny, House and Senate Republicans have determined to eschew earmarks for the time being. But the earmark requests in this database are still very much “live.” They could be approved in whatever spending legislation Congress passes for the 2011 fiscal year. They also tell us how our representatives acted before they got careful about earmarks.

Earmarks are a small corner of the federal policy process, of course, but when all legislation, budgeting, spending, and regulation has become more transparent—truly transparent, Senator Durbin—the public’s oversight of Congress will be much, much better. As I noted at the December 2008 Cato Institute conference, “Just Give Us the Data,” progressives believe that it would validate government programs and root out corruption. (That’s fine—corruption and ongoing failure in federal programs are not preferable.) I believe that demand for government will drop. The average American family pays about $100 per day for the operation of the federal government currently. That’s a lot.

Again, you can see how this data is in use, and you can use it yourself, by visiting Taxpayers for Common Sense, Taxpayers Against Earmarks, and WashingtonWatch.com. On the latter site, you can see a map of earmarks in your state and lists of earmarks by member of Congress and representative, then vote and comment on individual earmarks.

At considerable expense and effort, these sites have done what President Obama asked Congress to do in January. If earmarking is to continue, Congress could produce earmark data as a matter of course itself: The appropriations committees could take earmark requests online and immediately publish them, rather than using the opaque exchange of letters, phone calls, and—who knows—homing pigeons.

Congress should modernize and make itself more transparent. We’re showing the way.

Earlier today I spoke at the Brookings Institution event “The Future of E-rulemaking: Promoting Public Participation and Efficiency,” which was co-sponsored with the Administrative Conference of the United States. I made two points: we have not yet achieved regulatory transparency, and wiki-government does not overcome Hayek’s knowledge problem. What follows are my remarks.

When we talk about e-rulemaking, we often think about a first generation and a second generation of e-rulemaking.

The first generation is focused on making available online all of the information related to regulation and the rulemaking process, as well as making it simple for citizens to participate electronically in traditional rulemaking. In this way we improve the transparency and accountability of the regulatory process.

The second generation moves beyond the basics to leverage the new social technologies of the internet to increase citizen participation and enhance agency expertise. This is the exciting stuff of using Twitter and Facebook and wikis and collaborative commenting systems to achieve a truly democratic, efficient, and responsive rulemaking process. And while I’m very excited by the prospect of this transformation, I feel I have to suggest some caution.

For one thing, I’m not sure we have successfully graduated from the first generation. Less than two years ago we launched [OpenRegs.com](http://openregs.com) because [Regulations.gov](http://regulations.gov) did not offer something as simple as RSS feeds and had a less than ideal user interface. Since then it has been much improved, but if we look at the recommendations of the [ABA Administrative Law Section’s report on e-rulemaking](http://ceri.law.cornell.edu/erm-comm.php) — in which so many of the folks I see here today participated — or the recommendations of [OMB Watch’s Task Force on e-rulemaking](http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1292911), we can see that we’re a long way from where we should be to say that the first generation is complete. Continue reading →

As he noted, Adam Thierer’s lead article in the most recent Cato Policy Report is called “The Sad State of Cyber-Politics.” It goes through so many ways tech and telecom companies are playing the Washington game to win or keep competitive advantage.

It’s a nice set-up to a Washington Post opinion piece from this weekend in which TownFlier CEO Morris Panner talks about the growing riches accruing to Washington influencers:

We are creating so much regulation – over tax policy, health care, financial activity – that smart people have figured out that they can get rich faster and more easily by manipulating rules on behalf of existing corporations than by creating net new activity and wealth. Gamesmanship pays better than entrepreneurship.

Thierer sees some hope for the tech sector, for a few reasons:

Smaller tech companies have thus far largely resisted the urge [to engage with Washington]. Hopefully that’s for principled reasons, not just due to a shortage of lobbying resources. Second, the esoteric nature of many Internet and digital technology policy discussions frustrates many lawmakers and often forces them to lose interest in these topics. Third, the breakneck pace of technological change makes it difficult for regulators to bottle up innovation and entrepreneurialism.

Panner’s broader piece calls for “a national campaign to create transparency in our legislation and a national moratorium on the creation of commissions, regulators and czars. It is time for Congress to do the hard job of saying what lawmakers mean in clear and easy-to-understand language.” He continues, “We should reject bills that are thousands of pages or that delegate vast authority to unelected regulators.”

That would be a start.

If you’re in the D.C. area, come join the fun next Monday, November 15th, as the Advisory Committee on Transparency kicks off with its first event: The Future of Earmark Transparency (2:00 p.m., 2203 Rayburn House Office Building).

The Sunlight Foundation’s Daniel Schuman moderates a discussion that includes Steve Ellis of Taxpayers for Common Sense and yours truly. My WashingtonWatch.com project crowdsourced over 40,000 earmark requests last year, which we displayed on this map.

Earmarks are a hot topic right now. The new Republican Congress may make a move to ban them, but the Senate leadership may not be ready to go quite that far.

Will full-fledged earmark transparency be the compromise? It might provide a model for far more transparent processes throughout Congress.

Rep. Darrell Issa (R-CA) has a terrific op-ed piece on Internet-age government transparency in the Washington Times today:

If agencies used consistent data formats for their financial information, their financial reports could be electronically reconciled. It would be possible to trace funds from Congressional appropriations through agencies’ budgets to final use. The same data could flow automatically into USASpending.gov, without the errors and inconsistencies that make it unreliable today.

The idea is simple, if not easy to implement. Put government data in uniform formats, accessible to the public, and let public oversight work its will. Whether you prioritize good government, small government, or both, expect improvement.

Carl Malamud is a breakthrough thinker and doer on transparency and open government. In the brief video below, he makes the very interesting case that various regulatory codes are wrongly withheld from the public domain while citizens are expected to comply with them. It’s important, mind-opening stuff.

It seems a plain violation of due process that a person might be presumed to know laws that are not publicly available. I’m not aware of any cases finding that inability to access the law for want of money is a constitutional problem, but the situation analogizes fairly well to Harper v. Virginia, in which a poll tax that would exclude the indigent from voting was found to violate equal protection.

Regulatory codes that must be purchased at a high price will tend to cartelize trades by raising a barrier to entry against those who can’t pay for copies of the law. Private ownership of public law seems plainly inconsistent with due process, equal protection, and the rule of law. You’ll sense in the video that Malamud is no libertarian, but an enemy of an enemy of ordered liberty is a friend of liberty.