Tag: Open Government
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A Reivew of Oral Arguments in McBurney v. Young: State FOIA and State Rights
Yesterday, I attended oral arguments in the Supreme Court case of McBurney v. Young, which I have previously written about. The case involves two different petitioners who were denied access to state records under a Virginia “freedom of information” law that limits such access to Virginia residents only. McBurney is a former Virginia resident who…
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Supreme Court to Hear State Freedom of Information Act Case "McBurney v. Young"
On Friday, the Supreme Court granted certiorari to McBurney v. Young. This case formally concerns the “Privileges and Immunities Clause” of the Constitution. It raises questions about what access rights citizens have to government records and about who counts as a journalist. Oral argument will likely be scheduled for 2013. Mark McBurney is a citizen…
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Opening Government: On the Limits of FOIA and the Metaphor of Transparency
At a recent symposium (“Piracy and the Politics of Policing: Legislating and Enforcing Copyright Law”) sponsored by the Cardozo Arts and Entertainment Law Journal, I was invited to respond to an excellent paper by David Levine on secrecy, national security, and the denial of public access to documents from the Anti-Counterfeiting Trade Agreement (ACTA) negotiation…
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The New Ambiguity of "Open Government"
David Robinson and I have just released a draft paper—The New Ambiguity of “Open Government”—that describes, and tries to help solve, a key problem in recent discussions around online transparency. As the paper explains, the phrase “open government” has become ambiguous in a way that makes life harder for both advocates and policymakers, by combining…
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What We Lose if We Lose Data.gov
In its latest 2011 budget proposal, Congress makes deep cuts to the Electronic Government Fund. This fund supports the continued development and upkeep of several key open government websites, including Data.gov, USASpending.gov and the IT Dashboard. An earlier proposal would have cut the funding from $34 million to $2 million this year, although the current…
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Assessing PACER's Access Barriers
The U.S. Courts recently conducted a year-long assessment of their Electronic Public Access program which included a survey of PACER users. While the results of the assessment haven’t been formally published, the Third Branch Newsletter has an interview with Bankruptcy Judge J. Rich Leonard that discusses a few high-level findings of the survey. Judge Leonard…
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Release Government Data, Early and Often
One of the key axioms of modern open government is that all public data should be published online in a raw but usable form. Usability in this case is aimed at software programmers. By making government datasets more usable, programmers are more likely to innovate in the civic sphere and build technologies, using the raw…
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Introducing RECAP: Turning PACER Around
With today’s technologies, government transparency means much more than the chance to read one document at a time. Citizens today expect to be able to download comprehensive government datasets that are machine-processable, open and free. Unfortunately, government is much slower than industry when it comes to adopting new technologies. In recent years, private efforts have…