April 15th, 2014
Our family has gone through many haggadahs over the years at our Passover seders as my grandparents and relatives have tried to modernize (if not also shorten) our Passover experience. This year a reading conspicuously inserted into our haggadahs by my grandmother had relevance not only for the Passover story but also for civic hacking.
The traditional four children of the seder are a rhetorical device by which we remember the purpose of the Passover seder. The “wicked” child is said to ask, “Why do you do this seder?” The response, we read, is that God freed us from bondage: us, not you. The implication is that with that attitude, God would have left the wicked child behind.
Last night we had four new children on a printout from this page by the American Jewish World Service. If you’re not familiar with Passover, you’ll need to know that the story of Passover is of how God righted the grave injustice of the slavery of the Jews in Egypt, lead the Jews to Israel, and punished the Egyptians with plagues for committing the injustice. Here were the new four children:
The Activist Child: “The Torah tells me, ‘Justice, justice you shall pursue,’ but how can I pursue justice?”
Empower him always to seek pathways to advocate for the vulnerable. As Proverbs teaches, “Speak up for the mute, for
the rights of the unfortunate. Speak up, judge righteously, champion the poor and the needy.”
The Skeptical Child: “How can I solve problems of such enormity?”
Encourage her by explaining that she need not solve the problems, she must only do what she is capable of doing. As we read in Pirke Avot, “It is not your responsibility to complete the work, but neither are you free to desist from it.”
The Indifferent Child: “It’s not my responsibility.”
Persuade him that responsibility cannot be shirked. As Abraham Joshua Heschel writes, “The opposite of good is not
evil, the opposite of good is indifference. In a free society where terrible wrongs exist, some are guilty, but all are responsible.”
For the Uninformed Child who does not know how to ask a question:
Prompt her to see herself as an inheritor of our people’s legacy. As it says in Deuteronomy, “You must befriend the stranger, for you were strangers in the land of Egypt.”
These are the questions I hear often about the usefulness of hackathons and the purpose of meetups like Code for DC, and this provides some useful answers. I will be thinking about how to incorporate these thoughts into my own civic hacking.
April 3rd, 2014
I’ve been following Carl Malamud’s work on public access to state codes, and, if I may say, the response by the State of Georgia is absolutely infuriating. Citizens ought to have a right to read the law and teach others about it without the threat of a civil suit or criminal penalties, but Georgia’s top law lawyers don’t see it that way.
TL;DR: Did you read Georgia’s state code on an iPad? The feds could throw you in jail.
Background & the Copyright Claim
Georgia publishes its statutory law in something called the “Official Code of Georgia Annotated.” You can either get it online for “free” or in 40 physical books, at a cost of $378 when purchased through the legal publisher LexisNexis.
In May 2013, Carl bought the books, scanned them, and put them online to improve public access. The Georgia Code Revision Commission, which is the government body that publishes the code, replied, in big capital letters, “CEASE AND DESIST ALL COPYRIGHT INFRINGEMENT.” The commission’s claim is that while the law itself is not copyrighted, it is inextricably intertwined with other explanatory material called annotations which don’t have the force of law, and thus are copyrightable.
Carl disagrees with their claim (page 2), and he has a point.
But I’m not a lawyer, so let me put the copyright question aside and just look at this part ethically. (Update: This and the preceding paragraph were updated post-publication.)
Even, even, if we accept their position that the annotations are copyrighted, the commission is still in a major pickle: The Official Code of Georgia Annotated doesn’t delineate what parts are the actual law, what parts are copyrighted by the commission, and what parts are copyrighted by the publisher LexisNexis. A legal expert can guess that what they’re referring to is the part printed in a smaller font size. An average citizen who wants to read the law — because he is responsible for knowing all of it — does so at his own risk. Should he copy & paste a page into his blog, he risks infringing on the copyright of two possible authors (the commission and Lexis), and thus risks a costly lawsuit and statutory damages.
While the probability of a lawsuit is low, I admit, the commission has an ethical responsibility — if not a legal one — to provide the public with access to the law in a way that doesn’t put the public at risk of a lawsuit.
But it gets worse…
(Note that the discussion below about terms of service is not related to Carl’s situation, since Carl used the printed volumes. It’s a hypothetical for the rest of us. Update: This paragraph added shortly after publication.)
If you think, like any sane person, that you might find what you’re looking for in the code faster using a computer, the Georgia commission noted in their response to Carl that free, online access to Georgia’s statutory laws is already available at www.legis.ga.gov.
They don’t charge money for access, true. But they do require assent to a contract. It’s a trade. You get to see the law, and in return you give up the right to do certain things. It’s Free With An Asterisk
. Terms & conditions apply.
Here’s what happens. When you follow the link to www.legis.ga.gov and then click Georgia Code, you’re presented with contract #1:
The Official Code of Georgia Annotated (O.C.G.A.) is copyrighted by the State of Georgia. By using this website, the user acknowledges the State’s copyright interests in the O.C.G.A. Neither the O.C.G.A. nor any portions thereof shall be reproduced in any form without written permission from the Georgia Code Revision Commission, except for: (1) fair use under the copyright laws of the United States; or (2) those limited portions that are in the public domain (statute text and numbering).
Use of this website and the downloading or copying of any material there from shall be subject to the Terms and Conditions of LexisNexis®, which is the official publisher of the O.C.G.A. [ . . .]
Then you click “OK – Close”, and you are taken to a LexisNexis website. Now you click “Terms and Conditions” to read contract #2, from LexisNexis, which is a four page Word document. Here are some excerpts:
You are hereby granted … the rights to use the Research Service on one single-user personal computer.
Is an iPad a personal computer? I’m not sure. And if you share your iPad with your significant other, don’t go reading the law on it!
[Y]ou may not, nor may you permit others to … copy all or any portion of the Research Service
You may not, nor may you permit others to … make any portion of the Research Service available to third parties through … the Internet
Read the law you may, but if you want to tell anyone what you read — be careful!
The technology used … in the Website … is a trade secret, and you will … not disclose that information or permit that information to be disclosed to any person or entity.
Did you just agree to an NDA in order to read the law?
You hereby represent and warrant that all use of the Research Service will comply with this Agreement and all federal, state and local laws, statutes, rules and regulations.
Surely you don’t plan to break any laws by reading the law, but what if you do? Not only do we not withhold the law from those convicted of crimes, we actually provide the law to prisoners to assist in their own defense. This paragraph, even though innocuous sounding, is antithetical to public access.
You’re probably thinking: that’s civil, not criminal. But online the distinction between civil and criminal is wiped away. Violations of website terms of service agreements like these can lead to federal felony charges, meaning possibly jail, under the Computer Fraud and Abuse Act. It happens. People are trying to fix this. So it is criminal too.
Forcing your citizens to enter into a contract with a private (and foreign) company in order to read the law, with the threat of a civil suit, criminal charges, a felony conviction, and jail for violating that contract, is not free access.
Note that Carl scanned the print edition, not the website, so the discussion in this section is not relevant to Carl’s particular situation. But one way to resolve the iPad question is to resolve the copyright question that Carl raised. There needs to be at least one avenue where the commission accepts free and unencumbered copying of the code, and right now each avenue is a problem (copyright in print and terms of service online). (Update: This paragraph added a few minutes post publication and revised a few times.)
This situation is complicated, but it’s not intractable. I’ve worked with the Council of the District of Columbia on addressing some of these issues for DC’s laws. I also recognize many challenges in actually resolving the situation in Georgia that I haven’t mentioned here. But the State of Georgia is acting in a manner that is most disrespectful toward the public.
For more on why public access to the law is important, see my previous post about the DC Code.
Finally, if this aggravates you at all, please support Carl Malamud’s work.
In Delaware, making a copy of Title 8 of the Delaware Code can result in a $500 fine and 3-month imprisonment, per 8 Del. C. 1953, § 397, h/t Carl again.
March 31st, 2014
Though I’ve lived in DC for getting on 4 years, I still feel lost in local DC issues. So in preparation for tomorrow’s primary, and with the help of some Code for DC members, I collected some of the endorsements from around the web.
Tuesdays election is a closed primary, which means voters get different ballots depending on which party they are registered as. The list of candidates running is in DCBOEE’s Election Guide. There are no contested offices in either the Republican or Libertarian primaries. The D.C. Statehood Green Party has one contested office. But DC is basically a one-party Democratic state, so all of the action is in the Democratic primary.
For five of the six contested offices, the endorsements from Greater Greater Washington, The Washington Post, DC for Democracy, and Jews United for Justice were all in agreement:
- For Council Chair, Phil Mendelson, the incumbent.
- For Council At-Large Member, Nate Bennett-Fleming, a challenger.
- For Ward 1 Council Member, Brianne Nadeau, a challenger.
- For Ward 5 Council Member, Kenyan McDuffie, the incumbent.
- For Ward 6 Council Member, Charles Allen. (The incumbent, Tommy Wells, is running for mayor, so this is an open seat.)
(Eleanor Holmes Norton is running unopposed for Delegate to the U.S. House and Mary Cheh is running unopposed for Ward 3 Council Member.)
There was disagreement on the mayoral candidates. In fact, many of the organizations couldn’t decide on an endorsement. The two organizations that weighed in opted for a different challenger:
- The Washington Post: Muriel Bowser
- Greater Greater Washington: Tommy Wells
Code for DC member Greg Bloom forwarded the endorsements of Janelle Treibitz, who he called “one of the sharpest local activists around.” Treibitz endorsed either Andy Shallal or Tommy Wells. Perhaps that’s a tie-breaker.
Keith Ivey, another Code for DC member, is the chair of DC for Democracy, a local all-volunteer grassroots progressive group focusing lately on campaign finance and ethics reform, on improving wages and conditions for workers, and on progressive taxation.
The Washington Post’s endorsements (and rationale) are here. Thanks to Brian Brotsos who sent this to me.
Jews United for Justice were mentioned by several Code for DC members. From their endorsements, their goals are “economic and social justice, high ethical standards, and a real chance of winning.”
Greater Greater Washington’s endorsements are here.
March 24th, 2014
Over the last year I’ve had the opportunity to work with the DC Council on improving public access to DC’s laws. Today I join DC officials and the OpenGov Foundation on the Kojo Nnamdi radio show here in DC to talk about it, and in preparation for that I wrote this up as some notes for myself.
Civic hacking is a term for creative, often technological approaches to solving problems in our civic lives. It’s often about improving our interaction with government, and so building an app to get more people to register to vote would be an example of civic hacking. You might be surprised that that’s what it means. “Hacking” is a homonym, it is a word that has multiple meanings. We’re all familiar with how it can mean cyber crime. But just like how words like mouse, gay, fluke each have totally unrelated meanings, hacking is like that. The two meanings of hacking each have their own distinct communities. In my hacking community, we have organizations like Code for America and Code for DC trying to solve problems.
Codification is the process of compiling many statutes into an orderly, compact rendition of the law as it is today. Codification of laws began in 6th Century BC Athens. It wasn’t civic hacking. It was elites trying to protect their property. The Visigothic Code, written in Western Europe around 650 AC, directed “bishops and priests” to give a copy of the Code to the Jews to educate them of their heresy. So it goes. Actually it wasn’t all bad. The Visigothic Code also set a maximum price that the Code itself could be sold for (four hundred solidi, maybe $100,000 or more today), which perhaps was a form of ensuring wider access to it. Modern open records laws began in 18th Century China, where public announcements of promotions and government spending were common. Sweden enacted the first law creating a right to government records in 1766. And lay citizens have indeed long been users of the law. According to Olson (1992), “Pennsylvanians annoyed with what they thought to be unfair practices on the part of flour inspectors in the 1760s confronted the inspectors with copies of the laws.” (more history in my book)
The most important reason governments make the law available to the public is that ignorance of the law is not an excuse, and without access to the law one cannot properly defend oneself in court. Governments have an ethical obligation to promulgate the law.
But that is by no means the only reason why promulgating the law is important and useful. As the Law.Gov authors wrote, there are these other reasons: Broader use of legal materials in education (e.g. to train better lawyers and better citizens with respect to how they interact with government) and in research (e.g. to better understand how government works so that we, as elected officials and advocates, can make our government operate better); “Innovation in the legal information market by reducing barriers to entry.”; “Savings in the government’s own cost of providing these materials”; Reducing the cost of legal compliance for small businesses; “Increased foreign trade by making it easier for our foreign partners to understand our laws.”
There are many dimensions to access. Access isn’t meaningful without understanding. There are a lot of reasons why one might not understand the law even if we have access to read the words. And that’s a hard problem. But it is not a reason to not provide access to it in the first place. Users of the law can’t learn how to understand it if they can’t see it, and it would be mighty paternalistic to write off any citizen as unable to learn how to understand it. We should promote understanding, but in the meanwhile we must still provide access.
An aspect of understanding is whether we are able to be taught by others, or, inversely, if we may only teach ourselves. Surprisingly, there are many reasons why it might be illegal to share the law with others to teach them about it. The two most common causes of this are website terms of service and copyright:
The only electronic source of the DC Code in early 2013 was a website run by the (foreign-owned) company Westlaw. Westlaw was under contract with DC to help with the actual codification process as well as providing electronic public access. But through its website’s terms of service agreement, anyone reading the law on the public website was granted access in exchange for giving up rights. The terms of service included: “[Y]ou will not reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, or otherwise exploit this website, or any portion hereof . . . [Y]ou will not use any robot, spider, other automatic software or device, or manual process to monitor or copy our website or the content, information, or services on this website.” (accessed Apr. 26, 2013) Reproducing the law, copying and pasting it into an email, is a crucial tool for being able to understand the law. Terms of service are contracts. Violating a contract could normally result in a law suit and a civil penalty, typically in proportion to the harm done. Violations of website terms of service agreements in particular though can be a felony and lead to jail time under the Computer Fraud and Abuse Act. Copying DC’s laws could lead to jail time. That’s not a good thing. And that problem exists in many other jurisdictions.
DC has solved this problem by making the Code available to the public without terms of service.
Copyright is also a problem. Some states assert that they have copyright over their laws. Georgia, Idaho, and Mississippi have demanded that the nonprofit Public.Resource.Org take down its electronic copies of the official laws of those states. (There is some disagreement over whether so-called annotations to the law are law or are copyrighted.) Public.Resource.Org is fighting a similar argument with nonprofit standards-writing bodies — i.e. the bodies that write public safety codes and building construction standards — because they claim copyright over standards that have been incorporated into law. Violations of copyright law come with stiff fines. There should be no copyright over law, and court cases have addressed this, but some states have taken a particularly narrow and short-sighted view on this.
DC has historically claimed copyright over the DC Code as well, but apparently in a defensive posture to prevent its contractors (West, Lexis) from claiming copyright over the law themselves. DC now solved this problem by making the Code available to the public with a copyright waiver called Creative Commons Zero (CC0). DC no longer claims copyright over the code. (I’ll note again that there are a number of court cases that say that edicts of government, i.e. the law, cannot be copyrighted. But no one wants to have to go to court to fight over this.)
Understanding of the law is magnified if we use tools. The Code of the District of Columbia has almost 20,000 sections. Search is crucial. So is good typography: think about access to the visually impaired, the older people among us, and anyone who doesn’t want to get a headache from the way the law is printed. For companies concerned about legal compliance, the ability to be alerted to how the law has changed — with “track changes”-style highlighting — is incredibly useful. So not only is access important, but electronic access is even more important so that we can use tools to help us understand it.
Lawyers, citizens, students, and other users of the law have different needs when it comes to reading it. Government bodies should create a website to provide public access to the law, but it is a shame if they provide the only access to the law. The law should be provided to the public in data formats that promote reuse so that the public — companies, citizen hackers, and so on — can build on it and create new public access websites that are tuned for a wider range of access. These websites might provide functionality that a government website could not, such as analysis (e.g. written by lawyers), inline definitions, links to related resources (for instance related laws in other jurisdictions), translations into other languages, email alerts to changes, and a place where citizens can propose changes to the law.
For background about how the DC Code got opened, see DC opens its “code”, embracing principles of open laws, my post from last April.
February 10th, 2014
There comes a time in every dataset’s life when it wants to become an API. That might be because of consumer demand or an executive order. How are you going to make a good one?
When is an API appropriate?
There are certain datasets that are so large or volatile that downloading the whole thing and/or keeping it up to date becomes burdensome. An API is one strategy to lower the barrier to entry. As Ben Balter wrote:
Go to any agency website, and chances are you’ll find at least one dataset sitting idly by because the barrier to consume it is too damn high. It doesn’t matter how hard stakeholders had to fight to get the data out the door or how valuable the dataset is, it’s never going to become the next GPS or weather data.
A web-based, read-only API is a tool that in some cases can make it easier for consumers to use your data.
To put this in context, I assume here the data is already available as a bulk data download. As I’ve written ad nauseum elsewhere (such as at http://opengovdata.io/maturity/), an API is almost never a starting point. Posting open data, bulk data, and structured data and using good identifiers all come first, and probably in that order, before an API becomes useful. You can’t make a good API without working through all that first, and all of that addresses important and common use cases that APIs do not. So I assume from here on that bulk data is available and that the steps to make the data good data have already been done. So…
The term “API” is vague. It’s often used as short-hand to mean a web-based method for programmable access to a system. But “API” is just a way of saying “protocol”. There were APIs before there was an Internet. Merely having an “API” doesn’t mean an actual use case has been solved: you can make a protocol without it being any useful.
What makes an API good?
Let’s take the common case where you have a relatively static, large dataset that you want to provide read-only access to. Here are 19 common attributes of good APIs for this situation. Thanks to Alan deLevie, Ben Balter, Eric Mill, Ed Summers, Joe Wicentowski, and Dave Caraway for some of these ideas.
Granular Access. If the user wanted the whole thing they’d download it in bulk, so an API must be good at providing access to the most granular level practical for data users (h/t Ben Balter for the wording on that). When the data comes from a table, this usually means the ability to read a small slice of it using filters, sorting, and paging (limit/offset), the ability to get a single row by identifying it with a persistent, unique identifier (usually a numeric ID), and the ability to select just which fields should be included in the result output (good for optimizing bandwidth in mobile apps, h/t Eric Mill). (But see “intents” below.)
Deep Filtering. An API should be good at needle-in-haystack problems. Full text search is hard to do, so an API that can do it relieves a big burden for developers — if your API has any big text fields. Filters that can span relations or cross tables (i.e. joins) can be very helpful as well. But don’t go overboard. (Again, see “intents” below.)
Typed Values. Response data should be typed. That means that whether a field’s value is an integer, text, list, floating-point number, dictionary, null, or date should be encoded as a part of the value itself. JSON and XML with XSD are good at this. CSV and plain XML, on the other hand, are totally untyped. Types must be strictly enforced. Columns must choose a data type and stick with it, no exceptions. When encoding other sorts of data as text, the values must all absolutely be valid according to the most narrow regular expression that you can make. Provide that regular expression to the API users in documentation.
Normalize Tables, Then Denormalize. Normalization is the process of removing redundancy from tables by making multiple tables. You should do that. Have lots of primary keys that link related tables together. But… then… denormalize. The bottleneck of most APIs isn’t disk space but speed. Queries over denormalized tables are much faster than writing queries with JOINs over multiple tables. It’s faster to get data if it’s all in one response than if the user has to issue multiple API calls (across multiple tables) to get it. You still have to normalize first, though. Denormalized data is hard to understand and hard to maintain.
Be RESTful, And More. ”REST” is a set of practices. There are whole books on this. Here it is in short. Every object named in the data (often that’s the rows of the table) gets its own URL. Hierarchical relationships in the data are turned into nice URL paths with slashes. Put the URLs of related resources in output too (HATEOAS, h/t Ed Summers). Use HTTP GET and normal query string processing (a=x&b=y) for filtering, sorting, and paging. The idea of REST is that these are patterns already familiar to developers, and reusing existing patterns — rather than making up entirely new ones — makes the API more understandable and reusable. Also, use HTTPS for everything (h/t Eric Mill), and provide the API’s status as an API itself possibly at the root URL of the API’s URL space (h/t Eric Mill again).
Multiple Output Formats. Provide alternatives for the output format, commonly JSON, XML, and CSV, because different formats are best for different use cases. This is to the extent that you actually have users that want these formats. CSV is nice for researchers but not great for other developers; developers lately are moving away from XML toward JSON. See what formats your users want. A RESTful API (see above) will let the caller choose the output format by simply tacking a file extension to the end of the URL, or you can use content negotiation (h/t Dave Caraway).
Nice Errors. Error messages, either because of an invalid request from the user or a problem on the server side, should be clear and provided in a structured data format (e.g. JSON). A RESTful API (see above) additionally uses HTTP status codes where they apply, especially 200, 400, 404, and 500.
Turn Intents into URLs. An API won’t satisfy everyone’s use case, so pick the most important and make them dead-simple for the user. These use cases are also called “verbs” and “intents.” If a common use case is to get the latest entry added to the dataset, make an API called “/api/1/most-recent-entry.” Don’t make users add filtering, sorting, and paging to do common operations. It’s temping to build a kitchen-sink API that can do anything generically and nothing specifically, but it misses the point: As Ben Balter put it, ”APIs should absorb the complexities of using the data, not simply expose it in a machine-readable format.” Intents are also good for hiding implementation details, which gives you flexibility to make back-end changes in the future.
Documentation. This is incredibly important. An API without documentation is useless. Totally useless. Because no one will know how to use it. Documentation should cover why the dataset is important, what the data fields mean, how to use the API, and examples examples examples.
Client Libraries. Your users will be accessing your API through software. They’re going to have to write code. Provide re-usable, fully working, modular code for accessing the API in the most common languages that the developers will be using (usually Python, Ruby, and perhaps PHP). This code gives developers a head start, and since every developer will need to write the same basic API-accessing code you get a big win by taking care of writing it once for everyone. (h/t Alan deLevie)
Versioning. You will make changes to the API. Nothing is right the first time. Put a version into every API URL so that when it’s time for Version 2 you don’t disrupt the Version 1 users. The best version numbers are actually release dates. So your API URLs should look like: /api/2014-02-10/…. Using a date as a version can relieve anxiety around making updates.
High Performance. Your API should be fast. And while users will appreciate it, the most important reason is for you. Slow APIs create a risk that your server will be overloaded with use too quickly. Some users will inadvertently (if not maliciously) issue extremely slow and resource-intensive queries if you make such queries possible, and if they issue a lot or if too many users make those queries your API can come down hard. Try not to have that possibility. If you need long-running queries, make it hard for users to inadvertently start them. In addition, query results should be cached on the server side by URL (i.e. don’t put authentication in the URL!) and cachable, in principle, on the client side if the user chooses to so that repeated accesses to exactly the same query are lightning-fast.
High Availability. You don’t know when users will be using the API, so it needs to be available all the time. This is really hard. (It’s one reason bulk data is so much easier.) Basic precautions like rate limiting should be taken to reduce the risk that the API fails under high load. When updating the data behind the API, the API should never be left in a state where it provides incomplete answers. Maintenance windows should be short because they are incredibly disruptive to users, and notice should be posted ahead of time.
Know Your Users. Log what happens in your API and have some analytics so you can tell if anyone is using it and what they’re using it for, and whether the API is really addressing the use cases you want it to.
Know Your Committed Users More. Have a relationship with your committed users so you can alert them to upcoming maintenance and changes to the API, and so you can know who is making resource-intensive queries in case those queries get out of control. This is often done by having an API key (which is like a password for access — but it should be optional!! see the next section). Your system for issuing API keys should be automated and real-time so that developers don’t have to wait to get started. In the API, pass the API key in the HTTP authorization header (h/t Ed Summers). (Or consider another standard method of authorization like OAuth; h/t Ben Balter.)
Never Require Registration. Don’t have authentication on your API to keep people out! In fact, having a requirement of registration may contradict other guidelines (such as the 8 Principles of Open Government Data). If you do use an API key, make it optional. A non-authenticated tier lets developers quickly test the waters, and that is really important for getting developers in the door, and, again, it may be important for policy reasons as well. You can have a carrot to incentivize voluntary authentication: raise the rate limit for authenticated queries, for instance. (h/t Ben Balter)
Interactive Documentation. An API explorer is a web page that users can visit to learn how to build API queries and see results for test queries in real time. It’s an interactive browser tool, like interactive documentation. Relatedly, an “explain mode” in queries, which instead of returning results says what the query was and how it would be processed, can help developers understand how to use the API (h/t Eric Mill).
Developer Community. Life is hard. Coding is hard. The subject matter your data is about is probably very complex. Don’t make your API users wade into your API alone. Bring the users together, bring them to you, and sometimes go to them. Let them ask questions and report issues in a public place (such as github). You may find that users will answer other users’ questions. Wouldn’t that be great? Have a mailing list for longer questions and discussion about the future of the API. Gather case studies of how people are using the API and show them off to the other users. It’s not a requirement that the API owner participates heavily in the developer community — just having a hub is very helpful — but of course the more participation the better.
Create Virtuous Cycles. Create an environment around the API that make the data and API stronger. For instance, other individuals within your organization who need the data should go through the public API to the greatest extent possible. Those users are experts and will help you make a better API, once they realize they benefit from it too. Create a feedback loop around the data, meaning find a way for API users to submit reports of data errors and have a process to carry out data updates, if applicable and possible. Do this in the public as much as possible so that others see they can also join the virtuous cycle.
How do you build a good API?
Actually I don’t know yet, but here are some things that might be useful:
- API Umbrella, which is used at api.data.gov, provides API key management, rate limiting, and so on as a wrapper around an existing API. It was also some of the inspiration for starting this blog post.
- instant-api, by Waldo Jaquith, creates an API from static data.
- qu, by the CFPB, creates a platform for serving data
December 23rd, 2013
Everyone likes a good choropleth map, that is, a map with regions colored according to some variable. But when the variable is a function a population of highly unevenly distributed individuals — such as in maps of the United States — we know we can run into some problems:
Half of the population in the continental United States lives in just 1% of the continental U.S. land area. One-fifth of the population lives in just 0.28% of the land area. 95% of the population lives in just 27% of the land area.
There are at least two problems with veridical (regular geographic) choropleth maps. In a rasterized choropleth map (i.e. it has finite resolution), entire cities can get squashed into a single pixel with the result that information is lost. A substantial proportion of the information that the map is trying to show probably doesn’t even appear if the variation occurs where the people are.
And more familiar, veridical maps can misrepresent the aggregate. Individuals in low-density areas are given more space on the map than individuals with high-density areas, biasing aggregate inferences toward the value of individuals in low-density areas.
Coloring a map by district — like by county or congressional district — runs into the same problem. The smallest 50% of the 433 congressional districts in the continental U.S. occupy just 5% of the land area. Six congressional districts, all in New York City, are smaller than one pixel in a typically sized map! (Where “typically sized” is 650px by 410px.)
When map data falls below the resolution of the map itself one should be very concerned. It’s like tossing out arbitrary data because these data points really aren’t showing up at all. That’s considered academic fraud when the data is shown in the form of a table. I’m not sure why we think it’s okay in map form.
It’s also mostly the urban population that gets squeezed into a small area. This is particularly concerning for politically themed maps since the urban population leans left. All six of those too-small-to-be-seen New York districts are currently represented by Democrats, for instance. Republican-held congressional districts are on average 2.7 times larger than Democrat-held districts despite having equal weight in Congress and so take up disproportionate space in a verdical map. The same is likely true by county too if we were to look at presidential election results.
Considering how much space on a map is taken up by essentially unpopulated land, these maps are also inefficient representations of the data. They give space to meaningless geographies while skipping meaningful ones.
It’s really time we stop using veridical maps to show population data. I get that cartograms are hard to construct and hard to read, but I would rather have no map at all than a map that misrepresents the data it purports to show.
Here’s a table showing land area as a function of population:
|% of Population
||% of Land Area
For computing land area resided in by the population, I used the 72,246 Census tracts in the 2010 census that make up the continental United States, meaning I excluded tracts in Alaska, Hawaii, and the five island territories. For land area I used the ALAND10 value in the Census’s shapefiles. The total population and land area of the tracts used were 306,675,006 and 7,653,005 km^2, respectively.
For congressional districts, I used the 433 districts in the continental U.S. (that’s the states minus Alaska and Hawaii and including the DC district). Their “land area” is their 2D area after being projected into EPSG:2163, which is an equal-area projection, using this Census GIS data. The total “land area” computed this way came out to 8,064,815 km^2, the difference being areas of water. For which party holds the district, I filled in the two currently vacant districts (AL-01 & FL-13) with the party of their most recent congressman.
Thanks to Matt Moehr, Lisa Wolfisch, and Pat Grady for some tips on identifying census tracts via Twitter.
Updates: Keith Ivey pointed out that I included Hawaii in the definition of continental U.S. the first time around. Fortunately it’s land area is small enough that it only barely affected the numbers. Instead of 74,003 tracts and 435 congressional districts there are 72,246 and 433; 60% of the population lives in 1.71% and not 1.70% of the land area. Other numbers are unchanged.
I also changed the projection used to compute the land area of congressional districts from “web Mercator” to an equal-area projection, but the numbers (e.g. 50% cover 5% of land) didn’t change. While I was there, I also changed how the Republican/Democrat distortion was measured. I originally wrote “Republican-held congressional districts cover 3.2 times more land area than Democrat-held districts despite Republicans only having 1.2 times as many seats in Congress” but I think the way it’s phrased now is clearer.
December 12th, 2013
Eric Mill, Jonathan Gray, and I have updated Best-Practices Language for Making Data “License-Free” which also has a new home at http://theunitedstates.io/licensing/.
We’re also adding a slew of new endorsements, bringing the list to the Sunlight Foundation (read Eric’s blog post), the Open Knowledge Foundation (read their blog post), CDT, EFF (read their blog post), Public Knowledge (read their blog post), the Free Law Project, the OpenGov Foundation, Carl Malamud at Public.Resource.Org, Jim Harper at WashingtonWatch.com, CREW, and MuckRock. Thanks go out to our contacts at all of those organizations and especially to Eric who spearheaded the effort to issue this update.
Our guidance is for federal agencies and is related to the recent open data memo from the White House, M-13-13. That memo directed agencies to make data “open” but told agencies the wrong thing about what open data actually means. We’re correcting that with precise, actionable direction that, to summarize, says “Use CC0.” As we write in our guidance:
It is essential that U.S. federal government agencies have the tools to preserve the United States’ long legal tradition of ensuring that public information created by the federal government is exempt from U.S. copyright and remains free for everyone to use without restriction.
Why It Matters
Why does it matter? Imagine if after FOIA’ing agency deliberative documents The New York Times was legally required to provide attribution to a contractor, or, worse, to the government itself. If the government doesn’t like the article, maybe they take the Times to court on the grounds that the attribution wasn’t done correctly. There’s a reason we don’t let our government control access to information.
What We Recommend
In short what we say is “Use Creative Commons Zero” (CC0), which is a public domain dedication. We provide recommended language to put on government datasets and software to put the data and code into the world-wide public domain, which means anyone can use the information without any capricious restriction. In a way, it’s the opposite of a license.
I previously wrote about this in August when we issued the first version of our guidance. Since then, our document has been effective in guiding the use of “open” in three government projects:
- OSTP’s Project Open Data re-licensed its schema for federal data catalog inventory files. It had been licensed under CC-BY because of non-governmental contributors to the schema, but now it uses CC0.
- CFPB followed our guidance and applied CC0 to their qu project…
- …and their eRegs platform.
Our advice was also already followed by HHS for its ckanext-datajson project and the Council of the District of Columbia’s Unofficial Code (disclaimer: I was involved in both of those projects already). We’re glad to see that our guidance has already been useful and we hope it continues to be useful as agencies work on compliance with M-13-13.
In this updated version, we cleaned up the suggested legal language, we noted that our recommendations apply equally well to software code as well as to data, and we improved the introductory text, among other changes.
How We Wrote It
The process of updating the guidance was done mostly openly through github. Feel free to open an issue with questions or create a pull request with suggested edits at https://github.com/unitedstates/licensing/issues.
November 19th, 2013
I can remember when 640×480 was a typical screen resolution. Desktop monitors have gotten a bit better since then, but just how much? Every few years I look at the breaks in common screen resolutions to see what I should be designing for when building desktop-oriented websites.
TL;DR: The 1024×768 displays are finally disappearing. The fall-off after 1280 horizontal pixels will be around for a while though.
Using Google Analytics data from GovTrack.us (which has a primarily desktop audience and probably is skewed a little toward older machines), I compared screen resolutions in April 2011 with screen resolutions from the last 30 days (~November 2013).
Each bar shows the percentage of users with at least the horizontal screen size on the right side of the bar. So the first bar goes up to 100% because almost everyone has at least 400 horizontal pixels. Only about 50% of users have a horizontal resolution of at least 1366.
No real surprise, but mobile is getting more popular, and that’s shown by the big 5-10% drop-off after about 450 horizontal pixels. All of the lost users in the 450-1024 pixel range are now using hand-held devices with less than about 450 horizontal pixels.
The 1024-divide is closing: In early 2011 there was a 20% drop-off after 1024 horizontal pixels. While 90% of users had at least 1024 pixels, only about 70% had a higher-resolution display. That drop-off has shrunk considerably, now at only a 10% drop (from 80% to 70%). Maybe we can finally start designing for 1280px!
And 1366px? The next big drop is between 1280 and 1366. Despite the shift to mobile, the resolutions starting at 1366px are gaining ground. That’s closing the 1280-1366 gap. But not by much. It’s still about 20%: 70% of users today have resolutions at least 1280px, but only 48% have resolutions at 1366px or above.
November 6th, 2013
The Freedom of Information Act was enacted twice, and the one that we know and celebrate is, technically, not the one that became law. This early history of FOIA provides an interesting case study in the complexities of the codification of our federal statutes.
What we commonly consider the Freedom of Information Act, S. 1160 in the 89th Congress, was signed by President Johnson on July 4, 1966. It became Pub.L. 89–487 / 80 Stat. 250. Its effective date was one year later on July 4, 1967, and in fact it never became law: it was repealed before its effective date. More on that below.
What came before?
During the period between the enactment of the act and its effective date, Title 5 of the United States Code happened to be enacted into positive law. This means that while Title 5 existed before, it was essentially an official compilation of laws but importantly not the law itself. The enactment of a title of the U.S. Code into positive law reorganizes existing laws to make them easier to follow.
The enactment of Title 5 created the section of the code that would soon be the home of FOIA (5 USC 552). The statute that would actually become FOIA would replace the text of 5 USC 552 with similar provisions plus modern FOIA as we know it.
Pub.L. 89–554 enacted on September 6, 1966 was the law that enacted Title 5 into positive law. The new Title 5′s 5 USC 552 contained a brief public records law: (see 80 Stat. 383)
§552. Publication of information, rules, opinions, orders, and public records
(a) This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a function of the United States requiring secrecy in the public interest; or
(2) a matter relating solely to the internal management of an agency.
(b) Each agency shall separately state and currently publish in the Federal Register—
(1) descriptions of its central and field organizations, including delegations of final authority by the agency, and the established places at which, and methods whereby, the public may obtain information or make submittals or requests;
(2) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of the formal or informal procedures available and forms and instructions as to the scope and contents of all papers, reports, or examinations; and
(3) substantive rules adopted as authorized by law and statements of general policy or interpretations adopted by the agency for public guidance, except rules addressed to and served on named persons in accordance with law.
A person may not be required to resort to organization or procedure not so published.
(c) Each agency shall publish or, in accordance with published rule, make available to public inspection all final opinions or orders in the adjudication of cases (except those required for good cause to be held confidential and not cited as precedents) and all rules.
(d) Except as otherwise required by statute, matters of official record shall be made available, in accordance with published rule, to persons properly and directly concerned, except information held confidential for good cause found.
You can see in there some of the ideas that were precursors to the actual Freedom of Information Act. In (a) you’ll see what became the national security and personnel records exemptions.
Now, 5 USC 552 was actually not new when it was enacted in September 1966. But I’ve got to unpack that. “5 USC 552″ existed before the enactment of Title 5, but it was about an unrelated subject and the enactment of Title 5 in 1966 moved that to another part of the US Code. But, that’s not what I mean by it not being new.
The text of 5 USC 552 predated the enactment of Title 5 as well. Acts enacting titles into positive law aren’t supposed to create new law. They just rearrange existing law in previous statutes. The text of 5 USC 552 dates back at least to 60 Stat 238 (which Jon Roland of the Constitution Society had the foresight to digitize). That’s the original Administrative Procedure Act, Public Law 79-404 (60 Stat 237, originally S. 7 in the 79th Congress, in 1946).
The enactment of FOIA
The enactment at Title 5 was actually not relevant to the creation of the substance of FOIA, but it did create a conflict with the form of FOIA. At this point Congress’s lawyers were probably not happy. S. 1160 in the 89th Congress — the FOIA we celebrate — was written to amend the Administrative Procedures Act, which by September of the year FOIA was enacted no longer existed. The enactment of Title 5 had repealed it.
When a title is enacted into positive law, the title repeals the previously existing laws that it is consolidating into a new title. Section 8 of Pub.L. 89–554 explicitly repealed the original Administrative Procedure Act:
SEC. 7. (a) The legislative purpose in enacting sections 1-6 of this Act is to restate, without substantive change, the laws replaced by those sections on the effective date of this Act. Laws effective after June 30, 1965, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency.
SEC. 8. (a) The laws specified in the following schedule are repealed except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this Act and except as provided by section 7 of this Act.
The Administrative Procedure Act — 60 Stat. 237 — is included in a long list of repealed laws following the text above. (You may notice I switched from “60 Stat. 238″ to “60 Stat. 237″. These “Stat” citations indicate the volume and page number in the United States Statutes at Large on which something appears. The origin of 5 USC 552 was on page 238 of the 60th volume of the Statutes at Large, the second page of the Administrative Procedure Act, which began on page 237, and so has the citation 60 Stat. 237.)
To fix this problem, S. 1160 was scuttled before its effective date ever arrived.
On June 5 of the next year — now we’re in 1967 — Pub.L. 90–23 / 81 Stat. 54 (originally H.R. 5357 in the 90th Congress) was enacted. This was “An Act to amend section 552 of title 5, United States Code, to codify the provisions of Public Law 89-187.” This law literally repealed the original Freedom of Information Act before that act became effective and enacted a new one. And this time, rather than it amending the Administrative Procedure Act, it replaced 5 USC 522.
Here is a comparison between the two FOIA statutes. Strike-out indicates text only in the 1966 statute and underline indicates text only in the 1967 statute. The most important difference is in the first line of each right at the top.
AN ACT To amend section 3 of the Administrative Procedure Act, chapter 324, of the Act of June 11, 1946 (60 Stat. 238), to clarify and protect the right of the public to information, and for other purposes.
AN ACT To amend section 552 of title 5, United States Code, to codify the provisions of Public Law 89-487.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 3, chapter 324, of the Act of June 11, 1946 (60 Stat. 238), 552 of title 5, United States Code, is amended to read as follows:
§552. Public information; agency rules, opinions, orders, records, and proceedings
“SEC. 3. Every (a) Each agency shall make available to the public the following information information as follows:
Every “(1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public —
(A) descriptions of its central and field organization and the established places at which, the officers employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may secureobtain information, make submittals or requests, or obtain decisions;
(B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretation of general applicability formulated and adopted by the agency; and
(E) every each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of the terms thereof, no person shall a person may not in any manner be required to resort to, or be adversely affected by any a matter required to be published in the Federal Register and not so published. For purposes of this subsection paragraph, matter which is reasonably available to the class of persons affected thereby shall be is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register.
“(b) (2) AGENCY OPINIONS AND ORDERS.—Every agency shall Each agency, in accordance with published rules, shall make available for public inspection and copying (A) final opinions (, including concurrening and dissenting opinions ), and all as well as orders made in the adjudication of cases; (B) those statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register; and (C) administrative staff manuals and instructions to staff that affect any a member of the public, unless such the materials are promptly published and copies offered for sale. To the extent required to prevent a clearly unwarranted invasion of personal privacy, an agency may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, or staff manual or instruction Provided that in every However, in each case the justification for the deletion must be fully explained shall be explained fully in writing. Every Each agency also shall maintain and make available for public inspection and copying a current index providing identifying information for the public as to any matter which is issued, adopted, or promulgated after the effective date of this Act and which is July 4, 1967, and required by this subsection paragraph to be made available or published. No A final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects any a member of the public may be relied upon on, used, or cited as precedent by an agency against any private party unless a party other than an agency only if—
(i) it has been indexed and either made available or published as provided by this subsection or unless that private party shall have paragraph; or
(ii) the party has actual and timely notice of the terms thereof.
(c)(3) AGENCY RECORDS. Except with respect to the records made available pursuant to subsections (a) and ( b ) , every agency shall, upon under paragraphs (1) and (2) of this subsection, each agency, on request for identifiable records made in accordance with published rules stating the time, place, fees to the extent authorized by statute and procedure to be followed, make such shall make the records promptly available to any person. UponOn complaint, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, has shall have jurisdiction to enjoin the agency from the withholding of agency records and to order the production of any agency records improperly withheld from the complainant. In such cases a case the court shall determine the matter de novo and the burden shall be upon is on the agency to sustain its action. In the event of noncompliance with the court’s order, order of the court, the district court may punish the responsible officers for contempt the responsible employee, and in the case of a uniformed service, the responsible member. Except as to those causes which the court deems considers of greater importance, proceedings before the district court as authorized by this subsectionparagraph shall take precedence on the docket over all other causes and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way.
(d)(4) AGENCY PROCEEDINGS.—Every Each agency having more than one member shall keep maintain and make available for public inspection a record of the final votes of each member in every agency proceeding and such record shall be available for public inspection.
(e) EXEMPTIONS.—The provisions of this section shall not be applicable
(b) This section does not apply to matters that are
(1) specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy;
(2) related solely to the internal personnel rules and practices of any an agency;
(3) specifically exempted from disclosure by statute;
(4) trade secrets and commercial or financial information obtained from any a person and privileged or confidential;
(5) inter-agency or intra-agency memorandums or letters which would not be available by law to a private party party other than an agency in litigation with the agency;
(6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
(7) investigatory files compiled for law enforcement purposes except to the extent available by law to a private party party other than an agency;
(8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of any an agency responsible for the regulation or supervision of financial institutions; and or
(9) geological or geophysical information and data (, including maps ), concerning wells.
(f) LIMITATION or EXEMPTIONS.—Nothing in this section authorizes (c) This section does not authorize withholding of information or limiting limit the availability of records to the public, except as specifically stated in this section, nor shall this section be This section is not authority to withhold information from Congress.
(g) PRIVATE PARTY. As used in this section, ‘private party’ means any party other than an agency.
(h) EFFECTIVE DATE. This amendment shall become effective one year following the enactment of this Act.
Approved July 4 , 1966.
SEC. 2. The analysis of chapter 5 of title 5, United States Code, is amended by striking out:
”552. Publication of information, rules, opinions, orders, and public records.”
and inserting in place thereof:
”552. Public information; agency rules, opinions, orders, records, and proceedings.”
SEC. 3. The Act of July 4,1966 (Public Law 89-487, 80 Stat. 250), is repealed.
SEC. 4. This Act shall be effective July 4, 1967, or on the date of enactment, whichever is later.
Approved June 5, 1967,
There were differences between the FOIA we celebrate and the one that was enacted, but only minor ones. There usually are differences between bills that are drafted against non-codified laws (i.e. the Administrative Procedure Act) and bills that are drafted against positive law titles of the U.S. Code. This case exemplifies some of those differences.
Though there were no substantive differences, let us remember that our FOIA law that we actually have on the books was signed by President Johnson on June 5, 1967, not July 4, 1966.
Updated on Nov 8 to reflect that the enactment of Title 5 definitely repealed the previous Administrative Procedure Act and that that was almost assuredly the reason for enacting FOIA again.
August 19th, 2013
Today Eric Mill, Jonathan Gray, and I, with endorsements from the Sunlight Foundation and the Center for Democracy & Technology, are issuing guidance for federal agencies related to the recent open data memo from the White House (M-13-13).
— Read Our Guidance —
(We plan to open our guidance to community discussion.
Stay tuned for where that discussion will take place.)
The May 9 Memorandum On Open Data Policy instructs agencies as follows:
“[If] information as it is collected or created … are made public there [must be] no restrictions on copying, publishing, distributing, transmitting, adapting, or otherwise using the information”
Our guidance provides pre-vetted language that federal agencies can affix to data to meet these goals. For instance, for most federal government datasets copyright protection is not available (see 17 USC § 105). We recommend including the following in a README file for these datasets:
As a work of the United States Government, this package is in the public domain within the United States. Additionally, [Agency Name] waives copyright and related rights in the work worldwide through the CC0 1.0 Universal public domain dedication (which can be found at http://creativecommons.org/publicdomain/zero/1.0/).
We also offer language for four other common situations, including when the data is created by a contractor (copyright protections may apply). Our guidance also explains our rationale:
- “Open licensing” is not the same thing. (Licenses presume copyright protections.)
- Data is more valuable when its copyright status is clear through an explicit statement.
- Foreign copyright may apply to any government data.
- The Creative Commons CC0 public domain dedication is a widely adopted legal tool allowing a creator to dedicate his/her work to the world-wide public domain.
Our guidance came out of a conversation also with Timothy Vollmer and Puneet Kishor. We thank them, the Sunlight policy team, Joe Hall at CDT, and a lawyer friend of mine for their thoughts.
As I wrote previously, the memorandum was confusing, if not misleading, by asking agencies to implement the “no restrictions” policy using “open licensing.” The term “open licensing” was improper for two reasons:
First, you can’t license what you don’t own. Most federal government data is in the public domain, and this data is born “license-free.” The memorandum should have been clearer by explicitly directing the policy toward data created in the performance of a contract, which is often subject to copyright protection. (h/t Gavin Baker for the concise way to word that.)
Second, “open licensing” does not mean the same thing as “no restrictions.” Almost every standard open license is “some rights reserved,” meaning some privileges are granted but other rights in the work are retained. Copyright protection is precisely how the terms of these licenses are enforced. The GPL’s so-called virality clause and Creative Commons’s attribution licenses rely on the threat of a copyright infringement lawsuit to enforce their requirements for reuse.
If the memorandum really meant “no restrictions” the best way to accomplish that is not through an open license but rather the CC0 public domain dedication, as we’ve used in our guidance.
What’s the bottom line? Our guidance does not say that all government data must be open and license-free, nor do we attempt to say which government data should be open and license-free. We recognize the practicalities of contract work. However we strongly suggest that license-free become the norm, and we are providing tools for agencies to achieve that.