Re: Open Government Data bill (for comments)

2011-01-14 Thread Bill McGonigle
Very well thought-out, Seth.  Two nits:

   (6)  If it allows extensions, ensures
 that all extensions of the data format are themselves documented and
 have the other characteristics of an open data format;

I get the intent here, but this is too high a hurdle with current wording.  It 
could be used to rule out XML since not everybody knows how to part everybody 
else's CDATA blocks.  I think what you mean is that any State data cannot be 
stored in an undocumented extension.  If everything useful is ruled out, then 
the current proprietary stuff has to continue being used, right?

   (8)  If it includes any use of
 encryption, provides that the encryption algorithm is usable in a
 royalty-free, nondiscriminatory manner in perpetuity, and is
 documented so that anyone in possession of the appropriate encryption
 key or keys is able to write software to unencrypt the data.

'Encryption' may be too narrow - hashing, HMAC'ing, etc. could also be used to 
defeat the main purposes (though perhaps the intent is sufficiently clear).

-Bill

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Re: Open Government Data bill (for comments)

2011-01-14 Thread Seth Cohn
On Fri, Jan 14, 2011 at 9:10 PM, Bill McGonigle b...@bfccomputing.com wrote:
 Very well thought-out, Seth.  Two nits:

                               (6)  If it allows extensions, ensures
 that all extensions of the data format are themselves documented and
 have the other characteristics of an open data format;

 I get the intent here, but this is too high a hurdle with current wording.  
 It could be used to rule out XML since not everybody knows how to part 
 everybody else's CDATA blocks.  I think what you mean is that any State data 
 cannot be stored in an undocumented extension.  If everything useful is ruled 
 out, then the current proprietary stuff has to continue being used, right?

I think this means 'all extensions in use are' are documented (ie you
can have undocumented extensions to allow you to save something in a
custom format but it fails that test then for those items saved, they
aren't in an Open Data Format), but that's a good clarification.  I
welcome improved text... this is Open Source legislation: make it
better with a patch.  You get the intent, you understand the tech,
describe better what we mean here.

                               (8)  If it includes any use of
 encryption, provides that the encryption algorithm is usable in a
 royalty-free, nondiscriminatory manner in perpetuity, and is
 documented so that anyone in possession of the appropriate encryption
 key or keys is able to write software to unencrypt the data.

 'Encryption' may be too narrow - hashing, HMAC'ing, etc. could also be used 
 to defeat the main purposes (though perhaps the intent is sufficiently clear).

Ditto.

Seth

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Re: [meta] Re: Open Government Data bill (for comments)

2011-01-11 Thread Ryan Stanyan
On Tuesday, January 11, 2011 02:13:16 am Jeffry Smith wrote:
 My recommendation would be to include (based on IETF procedures) a
 requirement that any non-NH Government standard be implemented by at
 least 2 independent programs, that can read and write the format
 interchangably.  For NH Government developed ones, the final
 format/specification cannot be finalized until there are at least two
 indendent programs, to ensure that the format is, in fact able to be
 implemented by anyone.
 
 jeff

I'm being a bit impractical and redundant here, but I would also like to see 
all standards be available to the public on request.  I know this was covered 
in the amendment, but I am looking at the ISO website and I'm seeing that for 
ODF it would cost about 335 dollars to get the specification for it.  I'm not 
sure how it could be implemented without infringing on the ISO's copyrights.  
I see a lot of standards that NH mandates, but they seem to be set at the RSA-
level.

-Ryan
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Re: [meta] Re: Open Government Data bill (for comments)

2011-01-11 Thread Seth Cohn
 On Tuesday, January 11, 2011 02:13:16 am Jeffry Smith wrote:
 My recommendation would be to include (based on IETF procedures) a
 requirement that any non-NH Government standard be implemented by at
 least 2 independent programs, that can read and write the format
 interchangably.  For NH Government developed ones, the final
 format/specification cannot be finalized until there are at least two
 indendent programs, to ensure that the format is, in fact able to be
 implemented by anyone.

While I agree this would be nice, it's the sort of specifics I'm
trying to avoid... that's more far policy detail than statute level.
I'll put it on my list of 'would be nice' changes, to see if there is
enough support to add, once I get general buy in.


On Tue, Jan 11, 2011 at 5:02 AM, Ryan Stanyan ryan.stan...@gmail.com wrote:
 I'm being a bit impractical and redundant here, but I would also like to see
 all standards be available to the public on request.  I know this was covered
 in the amendment, but I am looking at the ISO website and I'm seeing that for
 ODF it would cost about 335 dollars to get the specification for it.  I'm not
 sure how it could be implemented without infringing on the ISO's copyrights.
 I see a lot of standards that NH mandates, but they seem to be set at the RSA-
 level.

doesn't this cover that?

 (d)  Make readily accessible, on the state
website, documentation on open data formats used by the state of New
Hampshire.  When data in open format is made available through the
state's website, a link shall be provided to the corresponding data
format documentation.

In this case, common use of ODF would mean that a link/download to the
ODF documentation (aka the spec)
should be posted on the state website.  If the spec is copyright to
the point of forbidden reposting, I think that fails

(4)  Has a specification available for all to read, in a
human-readable format, written in commonly accepted
technical language;

That's not really available for all to read, only those with $335, right?

Jeffry wrote:
 Good point.  For ODT, the saving grace is that it's an OASIS standard
 as well, which is freely available
 (http://docs.oasis-open.org/office/v1.1/OpenDocument-v1.1.odt) - but
 that's not true for other ISO standards.

Which solves ODT, but raises the question, would ISO standards be
considered Open?

Seth

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Re: [meta] Re: Open Government Data bill (for comments)

2011-01-11 Thread Ryan Stanyan
On Tuesday, January 11, 2011 07:25:49 am you wrote:
 doesn't this cover that?
 
  (d)  Make readily accessible, on the state
 website, documentation on open data formats used by the state of New
 Hampshire.  When data in open format is made available through the
 state's website, a link shall be provided to the corresponding data
 format documentation.
 
 In this case, common use of ODF would mean that a link/download to the
 ODF documentation (aka the spec)
 should be posted on the state website.  If the spec is copyright to
 the point of forbidden reposting, I think that fails
 
 (4)  Has a specification available for all to read, in a
 human-readable format, written in commonly accepted
 technical language;
 
 That's not really available for all to read, only those with $335, right?

I'm a huge public policy buff so I tend to think about the implementation of a 
law beforehand.  My point could probably be fixed by whatever department that 
manages documents just having copies of it available.

The greatest value I am seeing here is that along with the openness of the 
technology there is an openness of process as well.  Rather than betting the 
farm on a proprietary solution, we also have a record of how it worked out.  I 
am reading the policy that Massachusetts has in place (www.mass.gov/itd/etrm) 
and the state government can look towards this to figure out where the 
pitfalls are.

[...]would ISO standards be considered Open?

I'm reading through the ETRM a bit and I see that ANF considers the ISO open.  
However, they go with the Ecma and OASIS bodies first, I assume because they 
are more nimble than the ISO.

-Ryan

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Re: [meta] Re: Open Government Data bill (for comments)

2011-01-11 Thread Jeffry Smith
On Tue, Jan 11, 2011 at 4:55 PM, Seth Cohn sethc...@gnuhampshire.org wrote:
 On Tuesday, January 11, 2011 02:13:16 am Jeffry Smith wrote:
 My recommendation would be to include (based on IETF procedures) a
 requirement that any non-NH Government standard be implemented by at
 least 2 independent programs, that can read and write the format
 interchangably.  For NH Government developed ones, the final
 format/specification cannot be finalized until there are at least two
 indendent programs, to ensure that the format is, in fact able to be
 implemented by anyone.

 While I agree this would be nice, it's the sort of specifics I'm
 trying to avoid... that's more far policy detail than statute level.
 I'll put it on my list of 'would be nice' changes, to see if there is
 enough support to add, once I get general buy in.


My concern is if it's not in the guidance, the policy makers will
weasel out OOXML is a standard so MS Office is good (ISO 29500) -
even though, in fact, there are NO conforming implementations (MS
admits MS Office does NOT conform to the ISO standard).  The
requirement for multiple implementations helps make IETF documents
self-regulating, as it does this.  How do you know it's open?  There
are two independant implementations of software that reads/writes the
standard, and they can exchange information.  No need to worry about
definitions (except related to patent/copyright).

jeff.

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Re: [meta] Re: Open Government Data bill (for comments)

2011-01-11 Thread Ryan Stanyan

On Jan 11, 2011, at 10:28 AM, Jeffry Smith wrote:

 On Tue, Jan 11, 2011 at 4:55 PM, Seth Cohn  
 sethc...@gnuhampshire.org wrote:
 On Tuesday, January 11, 2011 02:13:16 am Jeffry Smith wrote:
 My recommendation would be to include (based on IETF procedures) a
 requirement that any non-NH Government standard be implemented by  
 at
 least 2 independent programs, that can read and write the format
 interchangably.  For NH Government developed ones, the final
 format/specification cannot be finalized until there are at least  
 two
 indendent programs, to ensure that the format is, in fact able to  
 be
 implemented by anyone.

 While I agree this would be nice, it's the sort of specifics I'm
 trying to avoid... that's more far policy detail than statute level.
 I'll put it on my list of 'would be nice' changes, to see if there is
 enough support to add, once I get general buy in.


 My concern is if it's not in the guidance, the policy makers will
 weasel out OOXML is a standard so MS Office is good (ISO 29500) -
 even though, in fact, there are NO conforming implementations (MS
 admits MS Office does NOT conform to the ISO standard).  The
 requirement for multiple implementations helps make IETF documents
 self-regulating, as it does this.  How do you know it's open?  There
 are two independant implementations of software that reads/writes the
 standard, and they can exchange information.  No need to worry about
 definitions (except related to patent/copyright).

For better or worse, this is going to have to be a policy maker  
decision.  Trying to craft legislation that specifically excludes a  
party out(almost like a bill of attainder) is going to be fiercely  
fought in the courts.  Keep it simple and start a process similar to  
the ETRM that Massachusetts has.

Also seeing as how the ISO spec for OOXML covers four separate  
documents versus ODF's one, some kind of value proposition can be  
raised.

-Ryan

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Open Government Data bill (for comments)

2011-01-10 Thread Seth Cohn
This isn't quite on topic for the list, but it's certainly within reason...
think what you would do with RSS feeds, XML, and other useful things
like that being generated from the data at the State level...

The principles are based on the 2007 summit that set up the basic ideas:
http://resource.org/8_principles.html
http://www.opengovdata.org/home/8principles

yours,
Rep. Seth Cohn

The text of the Open Government Data bill (subject to revisions still,
but hurry with your suggestions):

AN ACT                relative to the use of open data formats and the
adoption of a statewide policy regarding open government data
standards.
SPONSORS:         [sponsors]
COMMITTEE:       [committee]

ANALYSIS

     This bill directs the commissioner of information technology to
develop a statewide information policy based on certain principles of
open government data.  The bill also promotes the use of open data
formats by state agencies.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - -

Explanation:            Matter added to current law appears in bold
italics.
                                   Matter removed from current law
appears [in brackets and struckthrough.]
                                   Matter which is either (a) all new
or (b) repealed and reenacted appears in regular type.

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT                relative to the use of open data formats and the
adoption of a statewide policy regarding open government data
standards.

Be it Enacted by the Senate and House of Representatives in General
Court convened:

1  Statement of Purpose.  The general court is committed to using
technology to foster open, transparent, and accessible state
government and finds that, by sharing data freely, the state will
generate new opportunities for economic development, commerce, and
civic engagement for the citizens of this state.  The general court
further finds that adoption of open government data standards will
improve transparency, access to public information, and coordination
between state agencies and the private sector by providing timely
access to relevant information in a less costly manner.  In
furtherance of these objectives, this legislation lays the groundwork
for adoption of a statewide information policy based on the principles
of open government data and encourages the adoption of open data
formats by state agencies.

2  Department of Information Technology; Duties of Commissioner
Regarding Acquisition of Information Systems.  Amend RSA 21-R:4, I to
read as follows:

I. Providing technical information technology consultation to all
executive branch agencies and to any other agency that requests it,
including technical advice consistent with the principles of open
government data established in RSA 21-R:7-a and RSA 21-R:8-b during
the development or acquisition of information systems.

3  New Section; Statewide Information Policy; Open Government Data
Standards.  Amend RSA 21-R by inserting after paragraph 7 the
following new paragraph:

21-R:7-a  Open Government Data Standards.

I.  The commissioner shall develop a statewide information policy
based on the following principles of open government data.  According
to these principles, open data is data that is:

     (a) Complete.  All public data is made available.  Public data
is data that is not subject to valid privacy, security or privilege
limitations.

     (b)  Primary.  Data is collected at the sources, with the
highest possible level of granularity, not in aggregate or modified
forms.

     (c) Timely.  Data is made available as quickly as necessary to
preserve the value of the data.

     (d) Accessible.  Data is available to the widest range of users
for the widest range of purposes.

     (e) Machine processable.  Data is reasonably structured to allow
automated processing.

     (f) Non-discriminatory.  Data is available to anyone, with no
requirement of registration.

     (g) Non-proprietary.  Data is available in a format over which
no entity has exclusive control.

     (h) License-free. Data is not subject to any copyright, patent,
trademark, or trade secret regulation.  Reasonable privacy, security,
and privilege restrictions may be allowed.

II.  The information policy developed under paragraph I shall include
a mechanism for adoption and review by each state agency.  Upon
adopting the policy, an agency shall designate a contact person
responsible for oversight and implementation of open government data
standards for that agency.  The contact shall act as a liaison between
the department, the implementing agency, and the public in matters
related to open government data standards.  The commissioner shall
include the status of the development and implementation of the
statewide information policy based on open government data standards
in the quarterly report to the 

[meta] Re: Open Government Data bill (for comments)

2011-01-10 Thread Bruce Dawson
Does it make sense to set up a separate list (or mailman topic) for
these conversations? If so, I would propose gnhlug-lobby.

I'm not suggesting that it is inappropriate for GNHLUG consideration,
but I would like to keep tech conversations separate from governance
(either internal as in gnhlug-org, or external as in these messages).

(Actually, I find these conversations very appropriate for GNHLUG
consideration.)

Or maybe this message is inappropriate if GNHLUG is a 501(c)3 instead of
a 501(c)4. (I couldn't determine what type of organization GNHLUG was
from the Wiki - at least not by searching for '501'.)

--Bruce

On 01/10/2011 04:23 PM, Seth Cohn wrote:
 This isn't quite on topic for the list, but it's certainly within reason...
 think what you would do with RSS feeds, XML, and other useful things
 like that being generated from the data at the State level...

 The principles are based on the 2007 summit that set up the basic ideas:
 http://resource.org/8_principles.html
 http://www.opengovdata.org/home/8principles

 yours,
 Rep. Seth Cohn
 ...
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Re: [meta] Re: Open Government Data bill (for comments)

2011-01-10 Thread Jon 'maddog' Hall
I think the discussions are both relevant and interesting.

If Seth starts asking about baby formula laws, etc. then perhaps another
list, but Open Government Data Bill would seem to fit with Open
Source, IMHO

md

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Re: [meta] Re: Open Government Data bill (for comments)

2011-01-10 Thread Benjamin Scott
On Mon, Jan 10, 2011 at 9:12 PM, Bruce Dawson j...@codemeta.com wrote:
 Does it make sense to set up a separate list (or mailman topic) for
 these conversations?

list admin
A1. If there is consensus to do so, another list is trivial to add.
A2. This list (gnhlug-discuss) currently has no formal topic, charter,
or policy (aside from the general legal policy of gnhlug.org
(http://wiki.gnhlug.org/twiki2/bin/view/Www/LegalNotice)).
/list admin

personal opinion
P1. Historically, list traffic has been self-policed by list members,
with varying degrees of effectiveness.
P2. I think we probably should have some sort of formal topic,
charter, or policy for gnhlug-discuss.
P3. I think we are unlikely to arrive at P2.
P4. Currently, this list doesn't get nearly enough traffic to warrant
separate lists.  What little interest we do currently draw is more
likely to be harmed by balkanization or barrier to entry.
P5. I expect this thread will consume far more list bandwidth than the
thread(s) in question will.
/personal opinion

 Or maybe this message is inappropriate if GNHLUG is a 501(c)3 instead of
 a 501(c)4. (I couldn't determine what type of organization GNHLUG was
 from the Wiki - at least not by searching for '501'.)

board member
B1. GNHLUG is a registered non-profit corporation in the State of New Hampshire
B2. GNHLUG has not applied for IRS Federal tax-exempt status at this time.
B3. Volunteers interested in facilitating B2 are welcome!
/board member

-- Ben

/message
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Re: [meta] Re: Open Government Data bill (for comments)

2011-01-10 Thread John Abreau
On Mon, Jan 10, 2011 at 11:16 PM, Benjamin Scott dragonh...@gmail.com wrote:
 On Mon, Jan 10, 2011 at 9:12 PM, Bruce Dawson j...@codemeta.com wrote:
 Or maybe this message is inappropriate if GNHLUG is a 501(c)3 instead of
 a 501(c)4. (I couldn't determine what type of organization GNHLUG was
 from the Wiki - at least not by searching for '501'.)

 board member
 B1. GNHLUG is a registered non-profit corporation in the State of New 
 Hampshire
 B2. GNHLUG has not applied for IRS Federal tax-exempt status at this time.
 B3. Volunteers interested in facilitating B2 are welcome!
 /board member

 -- Ben


While I don't know all the intricacies of the various 501(c) types, I recall
we had problems at the Boston Computer Society back in the '90's due to
BCS's 501(c)3 status. When BLU was part of BCS, we got in trouble for
protesting the Communications Decency Act, because as a 501(c)3 we were
explicitly prohibited from participating in political action.





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Re: [meta] Re: Open Government Data bill (for comments)

2011-01-10 Thread Seth Cohn
And to be clear: I posted the 2 bills (or rather the draft texts of
them, which aren't otherwise online yet) and invited comments because
of my respect for the many astute minds on this list.  Individuals who
wish to help pass such legislation as interested citizens are welcome
(and those with issues against it are also welcome, to be clear, I'd
love to hear the reasons against to help me prepare answers for them),
but I'm certainly not asking for GNHLUG as a formal group to take a
position, lobby, or otherwise get involved.

yours,
Rep. Cohn


On Mon, Jan 10, 2011 at 11:54 PM, John Abreau j...@blu.org wrote:
 On Mon, Jan 10, 2011 at 11:16 PM, Benjamin Scott dragonh...@gmail.com wrote:
 On Mon, Jan 10, 2011 at 9:12 PM, Bruce Dawson j...@codemeta.com wrote:
 Or maybe this message is inappropriate if GNHLUG is a 501(c)3 instead of
 a 501(c)4. (I couldn't determine what type of organization GNHLUG was
 from the Wiki - at least not by searching for '501'.)

 board member
 B1. GNHLUG is a registered non-profit corporation in the State of New 
 Hampshire
 B2. GNHLUG has not applied for IRS Federal tax-exempt status at this time.
 B3. Volunteers interested in facilitating B2 are welcome!
 /board member

 -- Ben


 While I don't know all the intricacies of the various 501(c) types, I recall
 we had problems at the Boston Computer Society back in the '90's due to
 BCS's 501(c)3 status. When BLU was part of BCS, we got in trouble for
 protesting the Communications Decency Act, because as a 501(c)3 we were
 explicitly prohibited from participating in political action.

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Re: [meta] Re: Open Government Data bill (for comments)

2011-01-10 Thread Benjamin Scott
On Mon, Jan 10, 2011 at 11:54 PM, John Abreau j...@blu.org wrote:
 While I don't know all the intricacies of the various 501(c) types, I recall
 we had problems at the Boston Computer Society back in the '90's due to
 BCS's 501(c)3 status. When BLU was part of BCS, we got in trouble for
 protesting the Communications Decency Act, because as a 501(c)3 we were
 explicitly prohibited from participating in political action.

personal opinion

  My extremely limited understanding is that 501(c)3 organizations are
permitted some political actions, but political action cannot be a
major purpose of the group, and there are some other limitations.
Those limitations apply to the organizations only; individual members,
acting on their own, are not limited by those rules.  Where this list
falls I'm not sure.  I suspect it depends on usage.  So the occasional
political discussion (such as what Seth is posting) is fine, but if
that became a significant part of list traffic it might be a problem.

  For those who don't know: 501(c) is the section of the Federal tax
code which treats tax-exempt organizations.  The IRS does not
recognize non-profit; it defines classes of organizations which are
exempt from Federal taxes.  Not all such organizations are
non-profit[1].  501(c)3 is about charitable organizations.  501(c)3
orgs are special in that donations to such orgs are tax deductible by
the donor.

[1] The National Football League is a 501(c)6 tax-exempt organization.

/personal opinion

-- Ben
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Re: [meta] Re: Open Government Data bill (for comments)

2011-01-10 Thread Jeffry Smith
My recommendation would be to include (based on IETF procedures) a
requirement that any non-NH Government standard be implemented by at
least 2 independent programs, that can read and write the format
interchangably.  For NH Government developed ones, the final
format/specification cannot be finalized until there are at least two
indendent programs, to ensure that the format is, in fact able to be
implemented by anyone.

jeff
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