When are trade secrets not so secret? When Florida’s governor says so; Miami Herald, 12/16/16

Mary Ellen Klas, Miami Herald; When are trade secrets not so secret? When Florida’s governor says so:

"“A contract with a public agency paid for with taxpayer money is not a trade secret,” he said. He noted that Pitbull’s lawyers argued that, but they were wrong.

“Just because somebody claims it’s a trade secret, doesn’t mean it is a trade secret.”"

The Future of Open Government; Huffington Post, 12/19/16

Manish Bapna, Huffington Post; The Future of Open Government:

"This blog post is co-authored with Jean-Vincent Placé, French Minister of State for State Reform and Simplification, attached to the Prime Minister.

More than 4,000 people gathered in Paris from 7-9th December for the Open Government Partnership (OGP) Global Summit 2016 hosted by the Government of France. OGP is a unique partnership dedicated to making government decision making more open, inclusive and responsive. Summit attendees included representatives from 80 governments, many of them heads of state and senior ministers; leaders from cities, municipalities and regions; and leading civil society organizations from around the world.

The goal for the summit was to highlight the crucial role of open government as a countervailing force to the rise of various forms of nationalism and populism around the world."

Open Government Data Act set for progress in 2017 after Senate passage; FedScoop, 12/12/16

Samantha Ehlinger, FedScoop; Open Government Data Act set for progress in 2017 after Senate passage:

"A bill codifying and building on the president's executive order and the White House’s Open Data Policy passed the Senate unanimously early on Saturday morning, in a surprising last-minute effort to get the bill through the chamber before the holidays.

The OPEN Government Data Act, which sets in place a presumption that government data should be published in an open, machine-readable format, will likely not make it to President Barack Obama’s desk. But the bill could be reintroduced next year.

“Because transparency keeps Washington accountable to the people, government data should be made public unless an administration makes a compelling reason not to,” said Sen. Ben Sasse, R-Neb., who introduced the legislation with Sen. Brian Schatz D-Hawaii, in a statement. “After passing the Senate with bipartisan support, we have momentum to carry this important work into the new year.”"

Australian students recreate Martin Shkreli price-hike drug in school lab; Guardian, 11/30/16

Melissa Davey, Guardian; Australian students recreate Martin Shkreli price-hike drug in school lab:

"He said the open nature of the project demystified science and revealed the number of roadblocks the students had faced in coming up with the final product, which involved three complicated chemical steps.

“With science results you can be presented with a polished finished product that hides the false steps along the way,” he said. “The students’ real-time diary highlights their whole process, and is a very transparent way of doing things.”...

He said unfortunately the students would not be able to sell their drug to the US market. While the drug can be bought in Australia for about A$13 for a packet of 50, there are a number of complicated legal roadblocks in the way of producing and selling it in the US.

“Turing has the exclusive rights to sell it, even though the drug is no longer under patent,” Todd said. “The ridiculousness of this legal loophole means if we wanted to launch it as drug in the US we’d have to go through a whole new clinical trial because we would have to compare the Sydney Grammar stuff with the officially sanctioned stuff, and Turing would have to give us the drug to allow those comparisons to be made."

Pennsylvania wades into open data; GCN, 8/26/16

Matt Leonard, GCN; Pennsylvania wades into open data:

"The data currently available on OpenDataPA supports Gov. Tom Wolf’s three governing objectives -- education, employment and government services -- includes prison population numbers, school performance profiles and summary information on well inspections. The state also plans to release datasets from other state agencies on the site...

The administration’s main goals for releasing this data is three-fold: accountability, modernization and innovation. The portal will allow citizens to keep track of government projects, find this information in one place and use if to “make data-driven decisions.”"

With Canada’s Entry, Treaty for the Blind Will Come Into Force; Electronic Frontier Foundation (EFF), 6/30/16

Parker Higgins, Electronic Frontier Foundation (EFF); With Canada’s Entry, Treaty for the Blind Will Come Into Force:

"A groundbreaking international agreement to address the “book famine” for blind and print-disabled people is now set to go into force after passing another key milestone today. The agreement requires countries to allow the reproduction and distribution of accessible ebooks by limiting the scope of copyright restrictions.

The Marrakesh agreement takes aim at the global shortage of ebooks available in suitable formats for the print disabled, which in some regions is as low as 1% of published books. At the time of its completion, only 57 of the 184 member countries of the World Intellectual Property Organization (WIPO) had copyright exceptions for this purpose, and inconsistencies between them made sharing books between countries nearly impossible."

President Obama Signs FOIA Reform Bill into Law on 50th Anniversary; Reporters Committee for Freedom of the Press, 6/30/16

Luis Ferre Sadurni, Reporters Committee for Freedom of the Press; President Obama Signs FOIA Reform Bill into Law on 50th Anniversary:

"President Barack Obama today signed a bill that significantly reforms and improves access to public records under the Freedom of Information Act (FOIA). The signing marked the culmination of open government advocates' battle to reform part of FOIA ahead of the law's 50th anniversary on July 4th.

One of the most notable provisions is the law's mandate for agencies to operate from a presumption of openness, ensuring that information is withheld only under one of FOIA's nine exemptions. The bill codifies Obama's 2009 memorandum sent on his first day in office — which ordered federal departments to operate under this presumption.

The law also paves the way for the creation of a single online portal to accept FOIA requests for any agency, similar to FOIAonline, already in use by 12 agencies and offices. The Office of Government Information Services (OGIS) will also be strengthened with the reforms, permitting it to make recommendations for improving FOIA without necessarily seeking input from other agencies.

A White House fact sheet provides more details about the law and announced new members of the FOIA Advisory Committee."

Public info, now: As county and city improve, the state stays lousy; Pittsburgh Post-Gazette, 6/6/16

Editorial Board, Pittsburgh Post-Gazette; Public info, now: As county and city improve, the state stays lousy:

"County officials in recent days have rolled out new online tools to make certain types of public information more accessible.

Controller Chelsa Wagner on Thursday debuted alleghenycounty.opengov.com, which features graphs, charts and sortable data about spending, vendors, employees, salaries and benefits. She also introduced allegheny.openbookportal.com, providing instant access to contracts with vendors...

Local governments are getting better at providing basic financial and vendor information to the public, and some officials, such as city Controller Michael Lamb, take pride in providing easy access to public information...

Across the state, however, access to public documents is uneven, and obtaining anything beyond routine documents, such as annual budgets, often involves a cumbersome right-to-know process in which the government agency drags its feet and attempts to keep secret anything potentially embarrassing or controversial. Incremental progress on openness should be applauded, but it is important to remember that the larger battle is far from won."

Post-Gazette loses court fight to block state agencies from deleting emails; Pittsburgh Post-Gazette, 4/26/16

Pittsburgh Post-Gazette; Post-Gazette loses court fight to block state agencies from deleting emails:

"The Post-Gazette and other media outlets said the practice violated the due process rights of the public seeking records under the state’s Right-to-Know law.

The Commonwealth Court rejected the argument, saying the Right-to-Know law doesn’t have a record-retention requirement, doesn’t outlaw destruction of records and governs only whether existing records should be made public.

The Supreme Court affirmed the lower court and denied the paper’s request for an oral argument."

Pennsylvania Announces Open Data Portal; Government Technology, 4/18/16

Colin Wood, Government Technology; Pennsylvania Announces Open Data Portal:

"Pennsylvania is renewing its commitment to transparency.

On April 18, Gov. Tom Wolf, who assumed office in January, signed an executive order to create an open data portal. The new portal is mandated to contain downloadable, machine-readable data, a feature not offered by the state’s existing transparency site called PennWATCH. The state Office of Administration is also mandated to help agencies find their most valuable data sets...

The commonwealth’s data portal efforts are to be led by Julie Snyder, director of the Office of Data and Digital Technology at the Office of Administration. By working closely with the state’s agencies, civic hacker community, universities and cities, she will identify which data sets are most useful to be unlocked first, said Sharon Minnich, secretary of the Office of Administration. To develop its plan, Minnich said, Pennsylvania not only looked around the nation to spot best practices, but also assessed plans closer to home, asking Pittsburgh for advice.

“There’s a lot of open data out there that doesn’t necessarily get downloaded, so we want to make sure we put out the most valuable information,” she said. “In speaking to the universities, there really were a broad spectrum of interests. It’s going to depend on what the use cases would be for those data sets we would publish.”"

Gov. Wolf signs open data executive order; Technical.ly, 4/18/16

Juliana Reyes, Technical.ly; Gov. Wolf signs open data executive order:

"Four years after Mayor Michael Nutter signed an open data executive order for the City of Philadelphia, Gov. Tom Wolf is signing one for the Commonwealth of Pennsylvania.

“Our goal,” Wolf said in a statement, “is to make data available in order to engage citizens, create economic opportunities for businesses and entrepreneurs, and develop innovative policy solutions that improve program delivery and streamline operations.”

As part of the order, the state will form an advisory committee and launch an open data portal. The state aims to launch the portal in August, where it says it will post data in a machine-readable format. The first datasets slated for release will be focused on Wolf’s goals, said Office of Administration Secretary Sharon Minnich.

The order will be carried out by Julie Snyder, director of the Office of Data and Digital Technology. Snyder, the former chief information officer of the Department of Environmental Protection, reports to Minnich."

Obama’s Secrecy Problem; Slate, 4/15/16

Fred Kaplan, Slate; Obama’s Secrecy Problem:

"Steven Aftergood, director of the Project on Government Secrecy at the Federation of American Scientists, told me Thursday, “This is a time of particularly promising ferment over secrecy policy. There is a recognition, even within the national-security apparatus, that the classification system has overreached and needs to be pruned back.” Yet by all measures, the bureaucracies persist in resisting this pruning, Congress won’t allocate the money for the shears, and the president hasn’t mustered the full attention and commitment that the task requires. Information may want to be free, but Washington has it wrapped in a tangle."

Obama claimed to want transparency. His actions suggest the opposite; Guardian, 3/9/16

Trevor Timm, Guardian; Obama claimed to want transparency. His actions suggest the opposite:

"The Obama administration has taken a lot of well-deserved criticism over the years for claiming to be the most transparent presidency ever while actually being remarkably opaque, but they’ve now reached a new low: newly released documents show they aggressively lobbied Congress to kill bipartisan transparency reform that was based on the administration’s own policy.

In a move open government advocates are calling “ludicrous”, the administration “strongly opposed” the passage of bipartisan Freedom of Information Act (Foia) reform behind closed doors in 2014. The bill was a modest and uncontroversial piece of legislation which attempted to modernize the law for the internet age and codify President Obama’s 2009 memo directing federal agencies to adopt a “presumption of openness”.

Through a Foia lawsuit, the Freedom of the Press Foundation (the organization I work for) obtained a six-page talking points memo that the Justice Department distributed to House members protesting virtually every aspect of the proposed legislation in incredibly harsh language – despite the fact that some of the provisions were based almost word-for-word on the Justice Department’s own supposed policy (you can see a side-by-side comparison here).

Worse, Vice’s Jason Leopold is also reporting that the administration is conducting similar lobbying efforts around this year’s attempt to reform Foia in time for the law’s 50th anniversary this summer.

This is a shameful move by an administration that is constantly touting its open government and transparency bona fides despite a mountain of evidence to the contrary."

The Blue Wars: A Report from the Front; Harvard Law Record, 3/21/16

Carl Malamud, Harvard Law Record; The Blue Wars: A Report from the Front:

"The subject of this legal inquisition is a work you all know well: The Bluebook: A Uniform System of Citation. A series of letters from Ropes & Gray LLP firmly asserted and repeatedly reminded me of the legal protections surrounding this work including trademark and copyright protections. THE BLUEBOOK A UNIFORM SYSTEM OF CITATION, Registration No. 3,886,986; THE BLUEBOOK, Registration No. 3,756,727; The Bluebook A Uniform System of Citation, 20th edition, Copyright Registration No. TX0008140199 (June 5, 2015).

The Blue Wars started in 2009 when Frank Bennett, a law professor at Nagoya University in Japan, was working on some open source software for legal citation. Professor Bennett wanted to build in a resolution mechanism for common abbreviations, for example mapping the court name “Temporary Emergency Court of Appeals” to the designated abbreviation (“Temp. Emer. Ct. App.”). The Bluebook: A Uniform System of Citation 234 tbl.T.1 (Columbia Law Review Ass’n et al. eds., 20th ed. 2015).

Professor Bennett applied to the Harv. L. Rev. Ass’n for permission to use the rudimentary Bluebook web site and grab the abbreviations. He was firmly rebuffed. Being an open source acolyte, Professor Bennett felt he was entitled to use those common and obvious abbreviations, so he wrote to his spiritual leader [Lawrence Lessig] for help...

These are the challenges in front of us all. What is at stake is not the future of a $36 book, it is the question of how we communicate the law so that we all understand each other; so that our system of justice can be transparent and clear; so that we all know what we’re talking about when we refer to a source. I hope we can do this together."

Open Data: Why We Should Care; Huffington Post, 3/17/16

Apolitical, Huffington Post; Open Data: Why We Should Care:

"Excited by the connectivity revolution, governments all over the world are trying to find clever uses for the enormous amounts of digital information they now possess. One of the Big Data movements with the most momentum is Open Data — making this information available to the public. But what good does this actually do? Apolitical spoke to three pioneers in the field in Burkina Faso, Brazil and India, who told us about fighting corruption, ensuring free elections and preventing crime. These real, substantive issues go beyond the inevitably vague buzzwords of transparency and accountability. Here we discover what Open Data can really do about them."

US Congressional Hearing On WIPO Accountability This Week; Intellectual Property Watch, 2/22/16

William New, Intellectual Property Watch; US Congressional Hearing On WIPO Accountability This Week:

"Several subcommittees of the United States Congress have scheduled a joint hearing this week on accountability and possible mistreatment of staff and whistleblowers at the UN World Intellectual Property Organization. The witness list for the hearing includes several high-level critics of WIPO Director General Francis Gurry who used to work for him. Meanwhile, observers are questioning what has happened to the report from an official UN investigation of WIPO.

The Joint Subcommittee Hearing: Establishing Accountability at the World Intellectual Property Organization: Illicit Technology Transfers, Whistleblowing, and Reform, is scheduled for Wednesday, 24 February. The hearing is expected to be publicly webcast."

Leading Scientific Institutions Agree to Share Zika Research Data; Gizmodo, 2/10/16

George Dvorsky, Gizmodo; Leading Scientific Institutions Agree to Share Zika Research Data:

"Scientists are typically tight-lipped when it comes to their research, but desperate times call for desperate measures. In an effort to battle the ongoing Zika epidemic, a number of global health bodies—including academic journals, charities, and institutes—have committed to sharing data on the virus.

The statement, signed by over 30 organizations, is meant to ensure that any information relevant to combating Zika is made freely and openly available to the international community as “soon as is feasibly possible.” Signatories include the Bill and Melinda Gates Foundation, Doctors Without Borders, PLOS, the U.S. Centers for Disease Control and Prevention (along with the Chinese equivalent), the JAMA Network, and the U.S. National Institutes of Health. Researchers who signed the agreement were assured that their work would still be eligible for publication in science journals.

“Research is an essential part of the response to any global health emergency,” said Jeremy Farrar of the Wellcome Trust and a signatory of the statement. “This is particularly true for Zika, where so much is still unknown about the virus, how it is spread and the possible link with microcephaly.” It’s critical, he said, that results are shared rapidly and in a way that’s “equitable, ethical and transparent.”

This move follows a recent WHO consultation held in early September 2015 in which leading international stakeholders agreed that the “timely and transparent pre-publication” of scientific data and results “must become the global norm.”"

Why I'm Betting On Cities And Data; Huffington Post, 4/20/15

Michael R. Bloomberg, Huffington Post; Why I'm Betting On Cities And Data:

"Technology has unleashed an explosion of new information for city halls to work with. The possibilities for how cities can use that data to improve lives -- and improve the way services are provided to citizens -- are limitless.

To help more cities embrace those possibilities, today Bloomberg Philanthropies is launching a new national program called What Works Cities. It is the most comprehensive effort yet to help city leaders use data and evidence in their decision-making to improve the lives of residents.

The $42 million program will do that by offering technical support and guidance to cities who want to do more with data. Working with a group of world-class partners, we'll help cities create plans for using data and evidence to reach concrete goals that their mayors identify as high priorities.

We'll also provide a forum for cities to work together and learn from each other. Sharing ideas and experiences is important, because cities face many common challenges. They shouldn't have to reinvent the wheel -- wasting employees' time and taxpayers' money -- when they don't have to. By giving cities a way to study the best examples of how others are using data, we'll help them take big steps forward.

City governments have a responsibility to make the most of every dollar, and data helps them do that."

Access denied: Reporters say federal officials, data increasingly off limits; Washington Post, 3/30/15

Paul Farhi, Washington Post; Access denied: Reporters say federal officials, data increasingly off limits:

"Tensions between reporters and public information officers — “hacks and flacks” in the vernacular — aren’t new, of course. Reporters have always wanted more information than government officials have been willing or able to give.

But journalists say the lid has grown tighter under the Obama administration, whose chief executive promised in 2009 to bring “an unprecedented level of openness” to the federal government.

The frustrations boiled over last summer in a letter to President Obama signed by 38 organizations representing journalists and press-freedom advocates. The letter decried “politically driven suppression of news and information about federal agencies” by spokesmen. “We consider these restrictions a form of censorship — an attempt to control what the public is allowed to see and hear,” the groups wrote.

They asked for “a clear directive” from Obama “telling federal employees they’re not only free to answer questions from reporters and the public, but actually encouraged to do so.”

Obama hasn’t acted on the suggestion. But his press secretary, Josh Earnest, defended the president’s record, noting in a letter to the groups that, among other things, the administration has processed a record number of Freedom of Information Act (FOIA) requests, established more protection for whistleblowers and posted White House visitor logs for the first time."

How Open Data Is Transforming City Life; Forbes, 9/12/14

Joel Gurin, Forbes; How Open Data Is Transforming City Life:

"Start a business. Manage your power use. Find cheap rents, or avoid crime-ridden neighborhoods. Cities and their citizens worldwide are discovering the power of “open data”—public data and information available from government and other sources that can help solve civic problems and create new business opportunities. By opening up data about transportation, education, health care, and more, municipal governments are helping app developers, civil society organizations, and others to find innovative ways to tackle urban problems. For any city that wants to promote entrepreneurship and economic development, open data can be a valuable new resource.

The urban open data movement has been growing for several years, with American cities including New York, San Francisco, Chicago, and Washington in the forefront. Now an increasing number of government officials, entrepreneurs, and civic hackers are recognizing the potential of open data. The results have included applications that can be used across many cities as well as those tailored to an individual city’s needs."