Keeping politicians' hands off the Net & everything else related to technology
The Cato Institute is doing a live-streamed Capitol Hill briefing this morning—start-time 9:00 a.m. Eastern—on congressional transparency.
You can see and download all the materials being released to Hill staff on a Cato@Liberty blog post summarizing where congressional transparency stands: “needs improvement.”
You can watch the event live (or later on tape) and join the conversation at the Twitter hashtag #RateCongress.
The White House’s release of its “Open Government Action Plan” today is timely. I’ll be rolling out the product of several months’ work on government transparency Friday at a Cato Institute event called “Publication Practices for Transparent Government: Rating the Congress.”
The paper we’ll release commences as follows:
Government transparency is a widely agreed upon goal, but progress on achieving it has been very limited. Transparency promises from political leaders such as President Barack Obama and House Speaker John Boehner have not produced a burst of information that informs stronger public oversight of government.
The reason is not lack of planning documents, meetings, or websites, as reading the White House’s announcement today might suggest, but lack of specifically prescribed data publication practices that foster transparency. The government should publish data about its deliberations, management, and results in ways that make it amenable to all the varied uses of websites, researchers, reporters, and the public at large.
We’ll be grading the Congress on how well it’s doing with publication of data about formal legislative process. Congress is first because it’s low-hanging fruit. We’ll soon be turning to information the executive branch can make more transparent: budgets, appropriations, and spending.
The programs featured by the White House today—a new “We the People” petition platform, whistleblower protection, and an “Extractive Industries Transparency Initiative”—are fairly tangential. Fuller government transparency will be a product of specific good publication practices applied to data about the government’s deliberations, management, and results.
More information, and registration for Friday’s event, can be found here.
Data-transparent government is still a ways off, but some small steps forward are underway. To wit, my project WashingtonWatch.com, which is adding new data going to the costs of bills in Congress.
As detailed in an announcement that went up this morning, many more bills on the site will have cost estimates associated with them, the product of research being done at the National Taxpayers Union Foundation. Some bills spend pennies or less per U.S. family. Some spend $5,000 per family and more. Wouldn’t you like to know which are which?
The site has also begun displaying national debt information on a per-family, per-person, and per-couple basis. (Your debt—just for being an American—is about $45,000 dollars.)
I’ll have much more to say on government transparency in the coming months. In the meantime, you might do your part to avoid the next calamitous debt ceiling debate by following the day-to-day, month-to-month, and year-to-year in Congress using things like the WashingtonWatch.com weekly email newsletter.
If you haven’t seen it already, be sure to give a read to Friedman Prize winner Hernando de Soto‘s recent piece in Business Week, “The Destruction of Economic Facts.” It’s a fascinating perspective on the economic and financial turmoil that is wracking the United States and the world.
As de Soto perceives more easily from working in developing economies, an important input into functioning markets is good information—about property, ownership, debts, and so on. The “destruction of economic facts” is one of the roots of instability and uncertainty in Europe and the United States, he says. “In a few short decades the West undercut 150 years of legal reforms that made the global economy possible.”
The law and markets are information systems, says de Soto:
The rule of law is much more than a dull body of norms: It is a huge, thriving information and management system that filters and processes local data until it is transformed into facts organized in a way that allows us to infer if they hang together and make sense.
If you’re interested in information and transparency, it’s worth a read.
Late last week, the Project on Government Oversight‘s Danielle Brian took a little umbrage at a Huffington Post piece by former U.S. Deputy Chief Technology Officer Beth Noveck, who had been implementing the Obama Administration’s Open Government Initiative until she recently returned to New York Law School.
Brian’s piece suggests a slight schism in the transparency community, between what I believe are the “insider” and “outsider” camps. Brian leaves to the end a crucial point: “[C]an’t the two camps in the open government world peacefully co-exist? There’s just too much work to be done for us to get bogged down in denigrating each others’ agendas.” They most certainly can.
Noveck was a bit dismissive of the open government movement as perceived by much of the transparency community. “Many people, even in the White House,” she wrote, “still assume that open government means transparency about government.” Actually, Noveck continued, open government is “open innovation or the idea that working in a transparent, participatory, and collaborative fashion helps improve performance, inform decisionmaking, encourage entrepreneurship, and solve problems more effectively. By working together as team [sic] with government in productive fashion, the public can then help to foster accountability.”
Visualize the difference between these two approaches: open government as a tool for public oversight and open government as a tool for public participation. When open government is about public oversight, the wording connotes the public looking down from above on the work its servants are doing. When open government is about collaboration, the public is at best an equal partner, allowed to participate in the work of governing. Noveck’s unfortunate language choice treats accountability as a kind of dessert to which the public will be entitled when it has donated sufficient energies to making the government work better.
The administration’s December 2009 open government memorandum predicted this divide. In calling for each agency to publish three “high-value data sets,” it said:
High-value information is information that can be used to increase agency accountability and responsiveness; improve public knowledge of the agency and its operations; further the core mission of the agency; create economic opportunity; or respond to need and demand as identified through public consultation.
As I noted at the time, it’s a very broad definition.
Without more restraint than that, public choice economics predicts that the agencies will choose the data feeds with the greatest likelihood of increasing their discretionary budgets or the least likelihood of shrinking them. That’s data that “further[s] the core mission of the agency” and not data that “increase[s] agency accountability and responsiveness.” It’s the Ag Department’s calorie counts, not the Ag Department’s check register.
Noveck wants us to put the calorie counts to use. Brian wants to see the check register.
There is no fundamental tension between these two agendas. Both are doable at the same time. The difference between them is that one is the openness agenda of the insider: using transparency, participation, and collaboration to improve on the functioning of government as it now exists.
The openness agenda of the outsider seeks information about the management, deliberation, and results of the government and its agencies. It is a reform (or “good government”) agenda that may well realign the balance of power between the government and the public. That may sound scary—it’s certainly complicates some things for insiders—but the “outsider” agenda is shared by groups across the ideological and political spectra. Its content sums to better public oversight and better functioning democracy, things insiders are not positioned to oppose.
I think these things will also reduce the public’s demand for government, or at least reduce the cost of delivering what it currently demands. But others who share the same commitment to transparency see it as likely to validate federal programs, root out corruption, and so on (a point I made in opening Cato’s December 2008 policy forum, “Just Give Us the Data!”) There are no losers in this bet. Better functioning programs and reduced corruption are better for fans of limited government than poorly functioning programs and corruption.
Forward on all fronts! The existence of two camps is interesting, but not confounding to the open government movement.
On this week’s John Stossel show on Fox Business Network, I debated Internet privacy, advertising, and data collection issues with Michael Fertik of Reputation.com. In the few minutes we had for the segment, I tried to reiterate a couple of keep points that we’ve hammered repeatedly here in the past:
Anyway, here’s the 7-min video of the debate between Fertik and me:
http://www.youtube.com/v/rYBsOK47LUw&hl=en_US&feature=player_embedded&version=3
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.
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.
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.
The Technology Liberation Front is the tech policy blog dedicated to keeping politicians' hands off the 'net and everything else related to technology.
