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Geospatial Data/Digital Cartography
Tuesday, 27 September 2016 06:32 Written by Teresa Scassa
Note: I was invited by Canada’s Information Commissioner and the Schools of Journalism and Communication, and Public Policy and Administration at Carleton University to participate in a workshop to launch Right to Know Week 2016. This was a full afternoon workshop featuring many interesting speakers and discussions. This blog post is based on my remarks at this event.
For the last 5 years or so, governments at all levels across Canada have been embracing the open government agenda. In doing so, they have expressed, in various ways, new commitments to open data, to the proactive disclosure of government information, and to new forms of citizen engagement. Given that the core goals of the open government movement are to increase government transparency and accountability in the broader public interest, these developments are positive ones.
There is a risk, however, that public commitments to open government have become a bit of a ‘feel good’ thing for governments. After all, what government doesn’t want to publicly commit to being open, transparent and accountable? As a result, it is important to look behind the rhetoric and to examine the nature of the commitments made to open government in Canada and to question how meaningful and enduring they really are.
For the most part, commitments to open government in Canada have been manifested in declarations, policy documents, and directives. These documents express government policy and provide direction to government actors and institutions. Yet they are “soft law” at best. They are not enacted through a process of legislative debate, they are not expressed in laws that would have to be formally repealed or amended in order to be altered, there are no enforcement or compliance mechanisms, and they remain subject to change at the whim of the government in power. Directives and policies, of course, can provide rapid and responsive mechanisms for operationalizing changes in government direction, and so I am not criticizing decisions to set open government in motion through these various means. But I am suggesting that a longer term commitment to open government might require some of these measures to be expressed in and supported by legislation in order to become properly entrenched.
For example, much effort has been invested by the federal government in creating an open licence to facilitate reuse of government data and information. After a slow and sometimes painful process, we now have a pretty good open government licence. It is based on the UK OGL and is very user friendly compared to earlier iterations. It is bilingual and it can be customized to be used by governments at all levels in Canada (for example, a version of this licence was just adopted by city of Ottawa). This reduces the burden on provincial and municipal governments contemplating open government and it creates the potential for greater legal interoperability (when users combine data or information from a number of different governments in Canada).
But let us not forget why we need an open government licence in Canada. An open licence permits the public to make use of works that are protected by copyright without the need to ask permission or pay royalties, and with the fewest restrictions on re-use as possible. Government works in Canada – and this includes court decisions, statutes, Hansard, government reports, studies, to name just a few – are protected by copyright under section 12 of the Copyright Act. One might well ask why, instead of toiling for years to come up with the current open licence, the government has not shown its commitment to openness by abolishing Crown copyright. It’s not as radical as it might sound. In the U.S., s. 105 of the Copyright Act expressly denies protection to works of the U.S. government without any obvious negative consequences. In the U.S., these works are automatically in the public domain. This legislated, hard law solution makes the commitment real and relatively permanent. Yet as things stand in Canada, government works are protected by copyright by default, and governments choose which works to make available under the open licence and which they wish to provide under more onerous licence terms. They can also decide at some point to tear up the open licence and go back to the way things used to be. Crown copyright in its current incarnation sets the default at ‘closed’.
It is true that some aspects of open government are already part of our legislative framework. We have had freedom of information/access to information laws for decades now in Canada, and these laws enshrine the principle of the public’s right to access information in the hands of government. However, the access to information laws that we have are ‘first generation’ when it comes to open government. The federal Act is currently being reviewed by Parliament, and we might see some legislative change, though how much and how significant remains to be seen. As Mary Francoli has pointed out, there wasn’t really a need for further review – the new government had plenty of material on which to take action in proposing amendments to the Act.
The many deficiencies in the Access to Information Acthave been well documented. For example, in 2015 the Information Commissioner set out 85 proposed reforms to the statute to modernize and improve it. The June 2016 Report by the Standing Committee on Access to Information, Privacy and Ethics on its Review of the Access to Information Act takes up many of these proposals in its own recommendations for extensive reforms to the Act. We are now awaiting the government’s response to this report. Rather than review the many recommendations already made, I will highlight those that relate to my broader point about enshrining open government principles in legislation
The Access to Information Act as it currently stands is premised on a model of individuals asking for information from government, waiting patiently while government puts together the requested information, and then complaining to the Commissioner when too much information is redacted or withheld. Open government promises both information and data proactively, in reusable formats, and without significant restrictions on reuse. While proactive disclosure of information and open data cannot replace the access to information model (which is, itself, capable of considerable improvement), they will provide quicker, cheaper and more effective access in many areas. Yet the Access to Information Act does not currently contain any statement about proactive disclosure. Proactive disclosure – also referred to as “open by default” is not really “open by default” unless the law says it is. Until then, it is just an aspirational statement and not a legal requirement. We see a proliferation of policies and directives at all levels of government that talk about proactive disclosure, but there are not firm legal commitments to this practice, or to open data. And, although I have been focussing predominantly on the federal regime, these issues are relevant across all levels of government in Canada.
A core principle of open data is that the data sets provided by governments should be made available in open, accessible and reusable formats. Proactive disclosure of information should also be in reusable formats. Access under the conventional regime is also enhanced when the information disclosed is in formats that facilitate analysis and reuse. Yet even under the existing access model, there is no default requirement to provide requested information in open, accessible and reusable formats. It is important to remember that it is not enough just to provide ‘access’ – the nature and quality of the access provided is relevant. The format in which information is provided in a digital age can create a barrier to the processing or analysis of information once accessed.
I would like, also, to venture onto territory that is not addressed in the calls for reform to access to information laws. Another challenge that I see for open data (and open information) in Canada relates to the sources of government data. I am concerned about the lack of controls over the use of taxpayer dollars to create closed data. As we move into the big data era, governments will be increasingly tempted to source their data for decision-making from private sector suppliers rather than to generate it in-house. We are seeing this already; an example is found in recent decisions of some municipal governments to source data about urban cycling patterns from cycling app companies. There will also be instances where governments contract with the private sector to install sensors to collect data, or to process it, and then pay licence fees for access to the resulting proprietary data in the hands of the private sector companies. In these cases, the terms of the license agreements may limit public access to the data or may place significant restrictions on its reuse. This is a big issue. All the talk about open government data will not do much good if the data on which the government relies is not characterized as “government data”. It is important that governments develop transparent policies around contracts for the collection, supply or processing of data that ensure that our rights as members of the public to access and reuse this data – paid for with our tax dollars – are preserved. Even better, it might be worth seeing some principle to this effect enshrined in the law.
Wednesday, 07 September 2016 08:45 Written by Teresa Scassa
A new report from uOttawa’s Canadian Internet Policy and Public Interest Clinic (CIPPIC) prepared in collaboration with Carleton’s Geomatics and Cartographic Research Centre (GCRC) proposes a strategy for protecting traditional knowledge that is shared in the digital and online context. The report proposes the use of template licences that will allow Indigenous communities to set the parameters for information sharing consistent with cultural norms..
Traditional knowledge – defined by the World Intellectual Property Organization as “the intellectual and intangible cultural heritage, practices and knowledge systems of traditional communities, including indigenous and local communities” – is poorly protected by contemporary intellectual property (IP) regimes. At the root of the failed protection is the reality that Western IP systems were designed according to a particular vision of creativity and innovation rooted in the rise of the industrial revolution. It is a product of a particular social, economic and ideological environment and does not necessarily transplant well to other contexts.
The challenge of protecting indigenous cultural objects, practices and traditional knowledge has received considerable attention – at least on the international stage – as it is a problem that has been exacerbated by globalization. There are countless instances where multinational corporations have used traditional knowledge or cultural heritage to their profit – and without obvious benefit to the source communities. Internationally, the Nagoya Protocol on Access and Benefit Sharing seeks to provide a framework for the appropriate sharing of traditional knowledge regarding plant and genetic resources. Innovative projects such as Mukurtu provide a licensing framework for Indigenous digital cultural heritage. What CIPPIC’s report tackles is a related but distinct issue: how can Indigenous communities share traditional knowledge about themselves or their communities while still maintaining a measure of control that is consistent with their cultural norms regarding that information?
For years now, the GCRC has worked with Indigenous communities in Canada to provide digital infrastructure for cybercartographic atlases that tell stories about those communities and their land. These multimedia atlases offer rich, interactive experiences. For example, the Inuit Siku (Sea Ice) Atlas documents Inuit knowledge of sea ice. The Lake Huron Treaty Atlas is a complex multimedia web of knowledge that is still evolving. These atlases are built upon an open platform developed by the GCRC and that can be adapted by interested communities.
The GCRC sought out the assistance of CIPPIC to explore the possibility of creating a licensing framework that could assist Indigenous communities in setting parameters for the sharing and reuse of their traditional knowledge in these contexts. The idea was to reduce the burden of information management for those sharing information and for those seeking to use it through a series of template licences that can be adapted by communities to suit particular categories of knowledge and contexts of sharing. This is a complex task, and there remains much work to be done, but what CIPPIC proposes offers a glimpse into what might be possible.
Monday, 22 August 2016 06:55 Written by Teresa Scassa
A 2016 European Commission report titled Survey report: data management in Citizen Science projects provides interesting insights into how such projects manage the data they collect. Proper management is, of course, essential to ensure that the collected data can be used and reused by project leaders as well as by other downstream users. It is relevant as well to the protection of the privacy of citizen participants. The authors of this report surveyed a large number of citizen science projects. From the 121 responses received they distilled findings that explore the diversity of the citizen science projects, and that reveal a troubling lack of thorough data management practices. A significant shortcoming for many projects was the lack of appropriate data licences to govern reuse of either raw or aggregate data collected.
There has been growing pressure on those carrying out research using public resources to make the fruits of the research – including the research data – publicly available for consultation, verification or reuse. But doing so is not as simple as a binary open/closed choice. There are a number of different questions that researchers must address: Should the raw data be made open or only the aggregate data? Should it be immediately available or available only after an embargo period? Is all data suitable for release or should some be protected for public policy reasons (such as protecting privacy)? And what, if any, terms and conditions should be imposed on reuse?
On the issue of data licensing, Schade and Tsinaraki found that the conditions imposed on reuse by different projects varied. A majority of those who made data available believed that the data was in the public domain, while others imposed conditions such as non-commercial or share-alike restrictions. When asked which license they used to achieve these goals, 32 out of 56 respondents indicated that they used one of the commonly available template licences such as Creative Commons or Open Data Commons. A surprising number of respondents indicated that no particular licence was used. While data released in this way might be presumed to be “open”, the usefulness of the data might well be hampered by a lack of clarity regarding the scope of permitted reuse.
In addition to providing access to data, the authors of the Report asked whether citizen science researchers allowed open access to research results (presumably in the form of published papers and other output). While the overwhelming majority of projects indicated that they used open access options (ranging from public domain dedication to open access with conditions), Schade and Tsinaraki also found that 14 of the projects they considered used licences with terms that were not consistent with the reuse conditions that the researchers had identified. Clearly there is a need for greater support for projects in developing or choosing appropriate licences.
Although many of the projects indicated that they provided access to their data, the duration of that access was less certain. The authors found that 42% of projects intended to guarantee access to their data only within the lifespan of the project. The authors also found that 40% of projects that provide data access do not provide comprehensive metadata along with the data. This would certainly limit the value of the data for reuse. Both these issues are important in the context of citizen science projects, which are often granted-funded and temporally-limited. The ability to archive and preserve research data and to make it available for meaningful access and reuse should be part of researchers’ data management plans, and is something which should be supported by research institutions and funding agencies.
Overall, the Report provides data that suggests that the burgeoning field of citizen science needs more support when it comes to all aspects of data management. Proper data management practices will help citizen science researchers to meet their own objectives, to share their data effectively and appropriately, and to protect the rights and interests of participants.
Note: In 2015 I drafted a report, with Haewon Chung, for the Wilson Center Commons Lab titled Managing Intellectual Property Rights in Citizen Science. This report addresses many licensing issues related to the collection, sharing and reuse of citizen science data and outputs. It is available under a Creative Commons Licence.
Tuesday, 02 August 2016 07:20 Written by Teresa Scassa
Municipal police services in North America now commonly make digital crime maps available to the public online. These interactive maps allow individuals to choose a particular part of their city, as well as a window of time (crimes in the last 7, 14 or 21 days, for example). They can search for all mapped crimes in this time frame or can limit their search to particular types of crime. The results are returned in the form of icons on a map of the selected area. The icons represent different categories of criminal activity, and clicking on each icon will reveal basic information about the incident. The maps can be used for many purposes. For example, someone who is thinking of parking their vehicle overnight in a particular part of the city might search to see if there are many thefts of vehicles or thefts from vehicles in that area. Prospective home buyers or renters might also use the maps to assess the incidence of crime in neighborhoods they are considering. Most crime maps of this kind allow users to sign up for email alerts about crime in their neighborhood, and the maps also provide a means for individuals to send in tips about mapped crimes.
A police service that decides to offer an interactive crime map to the public can choose to create their own crime map (usually by hiring a tech services company to build one) (for examples of this option see the maps from Winnipeg or Halifax) or they can contract with one of a number of leading crime mapping companies in North America. These companies typically offer a range of data analytics services to police. Often the crime maps are offered for free, with the hope that the police service will purchase other analytics services. The 3 leading companies are all based in the United States, but they offer hosting on their platform to police services across North America.
In a new paper that has just been published in the International Journal of e-Planning Research, I look at the practice of crime-mapping in 3 Canadian municipalities – Ottawa, London and Saint John. The police services in each of these cities have contracted with a different one of the 3 leading U.S.-based crime mapping companies. In my paper I consider how these crime maps present particular narratives of crime in the city. These narratives may be influenced in subtle or not so subtle ways by the fact that the mapping platform is U.S.-based. These influences may show up in the rhetoric around the crime maps used by the host company, the crimes or other types of data chosen (or not chosen) for mapping, and the descriptions on the host platforms of the type of data featured on the maps. I also evaluate the quality of the mapped data, and explore how laws shape and constrain the use and reuse of crime data.
While the crime maps are superficially attractive and easy to use, there is reason to be concerned about their use. In my research for this paper, I learned that it is possible to access the maps either through the host company’s site or through the police service’s website. Depending on the route chosen, the messaging (including a description of the mapped data, the purpose of the map, and its limitations) is different. While disclaimers on the police services’ sites may warn of the limitations of the data provided, those who access through the host platform are unware of these deficiencies. The mapped data provide a very partial account of crime in the city, and critics of this type of crime mapping have raised concern both about the potentially misleading nature of the maps, and the particular narrative of urban crime they convey.
My paper also explores issues of control and ownership of the mapped data and the impact that this has on the ability of civil society groups either to critically assess the data or to create other tools and analytics that might combine crime data with other urban data. While the crime mapping platforms do not claim ownership of the data that they map (according to the sites, ownership rests with the police services), they do prohibit the scraping of data from their sites – and there is evidence of legal action taken to pursue data scrapers. In most cases, police services do not make the same data provided to the crime mapping companies available as open data. This allows the police service (in conjunction with the limitations built into the crime mapping platforms) to largely control how the data is presented to the public. At the same time, the presence of a publicly accessible crime map might itself be used by a police service as a justification for not making the same crime data available as open data. (I note that Vancouver, which hired a company to create its own crime map, also makes the mapped data available as open data (although it updates it with less frequency than the mapped data).
Ultimately, the paper asks whether this model of crime mapping advances or limits goals of transparency and accountability, and what lessons it offers about the use of private sector civic technologies to serve public sector purposes.
Note: The research behind this paper was recently featured by H.G. Watson in her article in J-Source titled “Reporters need to dig deeper into crime maps to tell the whole story”. The article also discusses April Lindgren’s interesting article on the relationship between police information and journalism titled “Covering Canadian Crime: What Journalists Should Know and the Public Should Question”.
Monday, 20 June 2016 07:10 Written by Teresa Scassa
The federal government has just released for public comment its open government plan for 2016-2018. This is the third such plan since Canada joined the Open Government Partnership in 2012. The two previous plans were released by the Conservative government, and were called Canada’s Action Plan on Open Government 2012-2014 and Canada’s Action Plan on Open Government 2014-2016. This most recent plan is titled Canada’s New Plan on Open Government (“New Plan”). The change in title signals a change in approach.
The previous government structured its commitments around three broad themes: Open Data, Open Information and Open Dialogue. It is fair to say that it was the first of these themes that received the greatest attention. Under the Conservatives there were a number of important open data initiatives: the government developed an open data portal, an open government licence (modeled on the UK Open Government Licence), and a Directive on Open Government. It also committed to funding the Open Data Exchange (ODX) (a kind of incubator hub for open data businesses in Canada), and supported a couple of national open data hackathons. Commitments under Open Information were considerably less ambitious. While important improvements were made to online interfaces for making access to information requests, and while more information was provided about already filled ATIP requests, it is fair to say that improving substantive access to government information was not a priority. Open dialogue commitments were also relatively modest.
Canada’s “New Plan” is considerably different in style and substance from its predecessors. This plan is structured around 4 broad themes: open by default; fiscal transparency; innovation, prosperity and sustainable development; and engaging Canadians and the world. Each theme comes with a number of commitments and milestones, and each speaks to an aspirational goal for open government, better articulating why this is an initiative worth an investment of time and resources.
Perhaps because there was so great a backlash against the previous government’s perceived lack of openness, the Liberals ran on an election platform that stressed openness and transparency. The New Plan reflects many of these election commitments. As such, it is notably more ambitious than the previous two action plans. The commitments are both deeper (for example, the 2014-2016 action plan committed to a public database disclosing details of all government contracts over $10,000; the New Plan commits to revealing details of all contracts over $1), and more expansive (with the government committing to new openness initiatives not found in earlier plans).
One area where the previous government faced considerable criticism (see, for example Mary Francoli’s second review of Canada’s open government commitments) was in respect of the access to information regime. That government’s commitments under “open information” aimed to improve access to information processes without addressing substantive flaws in the outdated Access to Information Act. The new government’s promise to improve the legislation is up front in the New Plan. Its first commitment is to enhance access to information through reforms to the legislation. According to the New Plan, these include order-making powers for the Commissioner, extending the application of the Access to Information Act to the Prime Minister and his Ministers’ Offices, and mandatory 5-year reviews of the legislation. Although these amendments would be a positive step, they fall short of those recommended by the Commissioner. It will also be interesting to see whether everything on this short list comes to pass. (Order-making powers in particular are something to watch here.) The House of Commons Standing Committee on Access to Information, Privacy and Ethics has recently completed hearings on this legislation. It will be very interesting to see what actually comes of this process. As many cynics (realists?) have observed, it is much easier for opposition parties to be in favour of open and transparent government than it is for parties in power. Whether the Act gets the makeover it requires remains to be seen.
One of the interesting features of this New Plan is that many of the commitments are ones that go to supporting the enormous cultural shift that is required for a government to operate in a more open fashion. Bureaucracies develop strong cultures, often influenced by long-cherished policies and practices. Significant change often requires more than just a new policy or directive; the New Plan contains commitments for the development of clear guidelines and standards for making data and information open by default, as well as commitments to training and education within the civil service, performance metrics, and new management frameworks. While not particularly ‘exciting’, these commitments are important and they signal a desire to take the steps needed to effect a genuine cultural shift within government.
The New Plan identifies fiscal transparency as an overarching theme. It contains several commitments to improve fiscal transparency, including more extensive and granular reporting of information on departmental spending, greater transparency of budget data and of fiscal analysis, and improved openness of information around government grants and other contributions. The government also commits to creating a single portal for Canadians who wish to search for information on Canadian businesses, whether they are incorporated federally or in one of the provinces or territories.
On the theme of Innovation, Prosperity and Sustainable Development, the New Plan also reflects commitments to greater openness in relation to federal science activities (a sore point with the previous government). It also builds upon a range of commitments that were present in previous action plans, including the use of the ODX to stimulate innovation, the development of open geospatial data, the alignment of open data at all levels of government in Canada, and the implementation of the Extractive Sector Transparency Measures Act. The New Plan also makes commitments to show leadership in supporting openness and transparency around the world.
The government’s final theme is “Engaging Canadians and the World”. This is the part where the government addresses how it plans to engage civil society. It plans to disband the Advisory Panel established by the previous government (of which I was a member). While the panel constituted a broad pool of expertise on which the government could draw, it was significantly under-utilized, and clearly this government plans to try something new. They state that they will “develop and maintain a renewed mechanism for ongoing, meaningful dialogue” between the government and civil society organizations – whatever that means. Clearly, the government is still trying to come up with a format or framework that will be most effective.
The government also commits in rather vague terms to fostering citizen participation and engagement with government on open government initiatives. It would seem that the government will attempt to “enable the use of new methods for consulting and engaging Canadians”, and will provide support and resources to government departments and agencies that require assistance in doing so. The commitments in this area are inward-looking – the government seems to acknowledge that it needs to figure out how to encourage and enhance citizen engagement, but at the same time is not sure how to do so effectively.
In this respect, the New Plan offers perhaps a case in point. This is a detailed and interesting plan that covers a great deal of territory and that addresses many issues that should be of significant concern to Canadians. It was released on June 16, with a call for comments by June 30. Such a narrow window of time in which to comment on such a lengthy document does not encourage engagement or dialogue. While the time constraints may be externally driven (by virtue of OGP targets and deadlines), and while there has been consultation in the lead up to the drafting of this document, it is disappointing that the public is not given more time to engage and respond.
For those who are interested in commenting, it should be noted that the government is open to comments/feedback in different forms. Comments may be made by email, or they can be entered into a comment box at the bottom of the page where the report is found. These latter comments tend to be fairly short and, once they pass through moderation, are visible to the public.
Canadian Trademark Law
Published in 2015 by Lexis Nexis
Electronic Commerce and Internet Law in Canada, 2nd Edition
Published in 2012 by CCH Canadian Ltd.
Intellectual Property for the 21st Century
Intellectual Property Law for the 21st Century: