On his first full day in office, President Obama committed his Administration "to creating an unprecedented level of openness in Government." To help meet that goal, the Administration has issued an Open Government Directive and a new Memorandum on Freedom of Information Act and Attorney General Guidelines. The Administration has also launched an expansive effort to open up data to developers, advocates, and the public via Data.gov. Join OpenTheGovernment.org for this three panel event to hear our panelists -- transparency experts from inside and outside government-- discuss these initiatives and their effect on the public. Panelists will also take questions from the live and viewing audience. Watch live here.
(Roger Strother 03/19/10; 0 comments)James Madison’s birthday is an exciting time for open-government wonks. Madison, the father of our Constitution and fourth president, was an outspoken advocate of open government. This is why we dedicate an entire week to heightened public advocacy of transparency issues through public events, legislative initiatives, and op-eds. This year offers several opportunities for public participation.
This week, our blog will be highlighting some basic ways to access government information such as how to use the Freedom of Information Act, how to access government data, and to know what information is already available to you as a citizen.
The week kicks off nationally today, March 15, with the 2010 National Freedom of Information Day Conference at the First Amendment Center. The theme of this year’s conference is to assess the current state of government openness and then to look forward to what we can expect in the near future. Concluding the week’s events will be a tri-panel webcast on March 19 sponsored by OpenTheGovernment.org and hosted by the Center for American Progress. For more events during the week, see the Sunshine Week calendar here.
There are a number of activities going on at the regional, state, and local levels as well. For more information about these events you can look up your local coordinator here and contact them.
Today, the DC Circuit court reissued an opinion in Public Citizen v. OMB that rejected the agency’s use of exemptions 2 and 5 of the Freedom of Information Act (FOIA). OMB had attempted to withhold information from Public Citizen that detailed which agencies submit materials to Congress without clearance by OMB. This court case adds an important legal support to the FOIA practice of discretionary disclosure.
Exemption 2 of the FOIA allows agencies to withhold information concerning internal personnel rules and practices while exemption 5 applies to inter- and intra-agency materials that are pre-decisional and deliberative. However, the DC Circuit found that the records have nothing to do with OMB’s internal practices. Further, for exemption 5 to apply the records must be both pre-decisional and deliberative which do not apply in this instance. Therefore, neither exemption can apply to these records in full.
This case is an important one in that it limits the way these specific FOIA exemptions can be used by agencies to withhold information from the public. Government openness advocates have long argued that these exemptions are applied too broadly by agencies.
Although the Obama administration has attempted to better define the applicable uses of these exemptions, advocates have not seen a decline in their actual assertions. The Office of Information Policy at the Justice Department released a memorandum last May that instructed agencies to exercise greater discretion to release information under both of these exemptions if there would be no reasonably foreseeable harm from release. Far too often, agencies will use exemption 5 to withhold records in their entirety when only part of the information in an entire document might actually fall under that exemption. Further, agencies usually take vast liberties to apply exemption 2 broadly and withhold information that could inform the public in regard to activities of the government. Hopefully this case will help push agencies to better comply with executive branch FOIA policy.
Curious about the information government is tracking about your community’s health? What about data on the wetlands in your area? Or perhaps the federal contracts going to your community’s businesses? Well, now is the time to let the government know what you want to see. They're listening.
All agencies are currently soliciting public input into what federal information to release via Data.gov. If you know what kinds of information would be useful to you, even in the broadest sense, then you can submit your request directly to the agency. You can also view other items your fellow citizens have requested.
The best way to submit your ideas is to go to the OpenGov Open Feedback Firehose over at Intelletics. The Firehose is a catalog of all the portals where you can submit requests to specific agencies. Simply click on the link to the agency you want speak to, sign in, and leave your comment. You can also vote on the requests made by others!
As the role of the Internet in daily life expands rapidly, and with the role of newspapers and traditional journalism in steep decline, the Federal Communications Commission (FCC) is soliciting public input on possible changes to federal policy. These policy changes would, hopefully, ensure that media remains strong enough to inform the public, protect consumers, and hold our leaders accountable.
According to a recent study by the Knight Commission on Information Needs of Communities in a Democracy, “Emerging media have become amazing forces for enabling people to connect. But their full potential is not yet realized in the service of geographic communities, the physical places where people live and work.” For this reason, the FCC is attempting to identify policy changes that will help bridge this digital divide while also protecting first amendment rights. Potential policy changes include regulatory change effecting broadcast and online communication and may alter the economic structures of media.
The FCC is soliciting public input to questions divided into six categories:
You may participate in the discussion online.
(Roger Strother 02/23/10; 0 comments)On Friday, the White House met another Open Government Directive deadline by issuing a framework for federal spending data quality. The framework requires that agencies submit plans by April 14 for improving quality of their spending data, implementing internal controls and process changes.
Current challenges that need to be addressed such as missing data, duplicate data, and inaccurate data. The new policy is meant to meet some of these problems, but it doesn’t do so as completely or thoroughly as it might have. For instance, it doesn’t allow for independent data quality verification whether from inspectors general or by comparing the data to the Treasury Department’s disbursements.
According to the policy, OMB is to monitor progress through “potential” dashboards that will be publicly available. However, it doesn’t promise to make agency data quality plans public. How can we know how well the data verification process is if we don’t have the plan? Regardless, this is a positive step forward to ensuring consistency in data reporting.
Once the plans are received, OMB will provide initial feedback by April 30 and work with agencies to develop final plans which are due on May 14. Although the framework states that portions of the plans will be used to monitor agency implementation, they do not mention any mechanism to be provided to the public to report data and implementation problems.
(Roger Strother 02/15/10; 0 comments)
Despite the major snowpocolypse expected to hit DC tonight, some government agencies are getting a head start on the next major OGD deadline. This Saturday will be the 60th day since the publication of the new agency-wide transparency policy. Check out ProPublica’s Transparency Tracker for a full list of agencies that have developed an open-government website.
In addition to the Saturday deadline for each agency to host an open government web portal located at www.[agency].gov/open to serve as the public gateway for all agency OGD related activity there are other requirements as well. On the White House’s /open site, they should have an Open Government Dashboard that will include each agency’s open government plan and aggregate visualizations and statistics to demonstrating the government’s progress in complying with the OGD. Further, the Office of Management and Budget (OMB) will establish a framework for the quality of Federal spending information publicly disseminated through sites like USAspending.gov. OMB will then require agencies to submit plans with details of the internal controls implemented over information quality, including system and process changes, and the integration of these controls within the agency’s existing infrastructure.
Yesterday, a group of organizations, including OMB Watch, submitted concerns with the high-value datasets published on Data.gov in compliance with the requirements of the Open Government Directive (OGD) issued on Dec. 8. The OGD required that agencies submit at least three high value datasets within 45 days through Data.gov. These groups outlined the major problems with the site and its implementation thus far. I have summarized these issues below.
Yesterday, a group of organizations, including OMB Watch, submitted concerns with the high-value datasets published on Data.gov in compliance with the requirements of the Open Government Directive (OGD) issued on Dec. 8. The OGD required that agencies submit at least three high value datasets within 45 days through Data.gov. These groups outlined the major problems with the site and its implementation thus far. I have summarized these issues below.
Format & Usability
A major concern of the community is that releasing data in specific formats may make it more usable to coders and the tech-savvy, but not to the general public writ large. If data is solely released in formats such as XML or CSV leaving the majority of the public unable to decipher these raw formats then Data.gov’s attempt to make the government more transparent has failed. What good is information if we can’t read it?
The solution? We proposed that the administration strike a balance between releasing data in machine readable formats and presenting the data to the public through web-based interfaces. Web-based interface can be designed in a user-friendly way that aggregates the raw data for quick and convenient access.
Definition of High Value
The OGD mandated that agencies release three “high-value” datasets on Data.gov. However, the Sunlight Foundation noted that only 16 of the 58 datasets posted by major agencies were previously unavailable. The vast majority of released datasets were already online but not in machine readable format. This meant that the administration only picked the low-hanging fruit in its first data release. On the other hand, the data was now available in a central location and in a better format.
Still, this leaves open the question of how the government is defining “high value.” According to the Open Government Directive, high value data 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. Yet, the agencies do not have to demonstrate how the releases they submit qualify under these categories. To resolve this issue we expressed the need for such a requirement. Other things we asked for: notations that indicate which datasets are already available and unavailable as well as datasets that help hold agencies accountable for their policies and spending decisions.
Data Quality
This third issue mainly centers on the fact that some datasets could not be opened, were missing portions, or missing headers. Missing headers, of course, means the data cannot be used even by coders. Moreover, it was discovered that some of the datasets were being quietly removed from the site without public notification.
Here, we stressed the need for a better feedback mechanism than what exists on the site. We made the point that there needs to be a system to report problems with specific datasets. Further, we asked that all datasets on Data.gov be directly associated with their code sheets.
Ultimately, this is a great first step in showing the amount of data the agencies are capable of putting out in machine readable format. Never before have we been able to access so much raw data in one place. Despite the short deadline for this disclosure, several executive agencies released more than the required three datasets. The implementation, however, needs to be improved through creating public facing interfaces, requiring agencies to demonstrate the value of the data, and by providing a means of user feedback.
In order to improve Data.gov and the range of data included on the site, the administration is welcoming comments on its blog, Join the Dialogue. Additionally, Data.gov allows users to rate each dataset for ease of access, usefulness, data utility, and an overall ranking.
To read the group’s arguments and other points of contention in full, see the letter we sent here. Feel free to give us your feedback.
(Roger Strother 02/04/10; 0 comments)
The open government directive is scheduled to be released at 11am on Dec. 8. The announcement will be made in a live webcast hosted by US CIO Vivek Kundra and US CTO Aneesh Chopra. There will be a live forum following the announcement so that citizens may give feedback and ask questions. Please watch the live announcement here or on the White House website and check back with the OMB Watch blog for more analysis. Dowload the directive here [PDF].
On Nov. 30, Congress and the President succeeded in tying the hands of the judicial system from releasing photographic evidence of American soldiers torturing detainees in U.S. custody in Iraq and Afghanistan. The Supreme Court today reversed a lower court ruling that the pictures must be released.
Since the lower court decision, the Obama administration worked to aggressively cover up evidence behind closed doors despite its public posturing. Attorney General Eric Holder testified in June that the administration would appeal the lower court decision to the Supreme Court and if unsuccessful would review their opinions on the matter.
Statements by Sens. Lindsey Graham (R-SC) and Joseph Lieberman (I-CT), however, indicated that the administration wanted to see legislative action to stop the release of the photographs. After Holder’s testimony, the Senate passed the Detainee Records Photo Protection Act of 2009 (S 1285) with unanimous consent that would have exempted such photographs from the Freedom of Information Act. The bill passed easily in the House on October 28 as an amendment to the Defense Department’s authorization bill (HR 2647).
Unsurprisingly, the Supreme Court pointed to this legislation in a one-paragraph ruling as the reason for allowing the administration to withhold these records. The decision places the case back in the hands of the 2nd U.S. Circuit Court of Appeals which will likely follow orders not to release the records.
Earlier this year, the Obama administration released memoranda that detailed the policy and actions of U.S. personnel in torturing detainees because “the existence of that approach to interrogation was already widely known.” Logic follows that continuing to withhold the images of such abuses can only be an effort to obscure the historical record. The administration, on the other hand, claims it is an effort to protect American soldiers. However, it’s impossible to conceive of how our soldiers are safer if our government continues to conceal evidence of its past crimes.