As stated in the note from the Sunlight Foundation′s Board Chair, as of September 2020 the Sunlight Foundation is no longer active. This site is maintained as a static archive only.

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Tag Archive: Policy

How Unique is the New U.S. Open Data Policy?

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The White House’s new Executive Order may be significantly different than the open data policies that have come before it on the federal level, but where does it stand in a global -- and local -- context? Many folks have already jumped at the chance to compare this new US executive order and the new policies that accompany it to a similar public letter issued by UK Prime Minister David Cameron in 2010, but little attention has been paid to one of the new policy’s most substantial provisions: the creation of a public listing of agency data based on an internal audits of information holdings. As administrative as this provision might sound, the creation of this listing (and the accompanying scoping of what information isn’t yet public, but could be released) is part of the next evolution of open data policies (and something Sunlight has long called for as a best practice). So does this policy put the U.S. on the leading edge?

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The Impact of Opening up Lobbying Data

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We found a varied landscape when we explored what cities include in releases of lobbying data and how they release it, but one thing is clear: Disclosing and contextualizing lobbying data can have a high impact on a community. Journalists and other watchdogs who dig into municipal lobbying information have unearthed a wide range of stories illustrating the relationships between money, access to power, and the decisions made by those who have power. Raw lobbying information alone doesn't necessarily make for an insightful story about the world of political influence, but it's a key data set that is essential to revealing these kinds of narratives.

This is especially clear in Philadelphia, where information from the city's lobbying registrations and quarterly reports have been pulled into a searchable, sortable database called Lobbying.ph. Casey Thomas, a Philadelphia developer, was part of the team that created Lobbying.ph at a local hackathon in February 2012, and he expanded on it before joining AxisPhilly, a non-profit news organization, later that year. AxisPhilly now houses and maintains the project.

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Open Data Executive Order Shows Path Forward

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cords Today, the White House is issuing a new Executive Order on Open Data -- one that is significantly different from the open data policies that have come before it -- reflecting Sunlight's persistent call for stronger public listings of agency data, and demonstrating a new path forward for governments committing to open data. This Executive Order and the new policies that accompany it cover a lot of ground, building public reporting systems, adding new goals, creating new avenues for public participation, and laying out new principles for openness, much of which can be found in Sunlight's extensive Open Data Policy Guidelines, and the work of our friends and allies. Most importantly, though, the new policies take on one of the most important, trickiest questions that these policies face -- how can we reset the default to openness when there is so much data? How can we take on managing and releasing all the government's data, or as much as possible, without negotiating over every dataset the government has?

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Evaluating Municipal Lobbying Data: Philadelphia

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Philadelphia-sculpture

“Consistent” is not the first word one would use to describe the landscape of lobbying data released by municipalities. As revealed by our research, the formats and range of information local governments collect and disclose about lobbying activity varies quite a bit from one community context to another. After exploring the best practices for collecting and releasing this information, we created and recently published a Municipal Lobbying Data Guidebook. This guide addresses not only what kinds of information should be included in an ideal lobbying dataset, but also information about how that data should be collected and shared, regulated, and examples of the impact of having this information made available in an open way. (Something we’ll continue to explore in future posts.)

So how do municipalities measure up to these standards? We took a close look at three cities -- Austin, Chicago, and Philadelphia -- to explore what they’re doing well and where their lobbying disclosure can improve.

We've already covered Austin and Chicago. Now we turn to look at Philadelphia, which is a unique case in this set of cities.

WHAT COULD (AND WAS SUPPOSED TO) BE

Philadelphia's online lobbying disclosures were never supposed to look like they do now. When the lobbying disclosure law passed in 2010, the city contracted for software that would utilize electronic filing and share the information in a searchable format -- a requirement under the new law. The city had to cancel that contract, though, when the vendor failed to produce working software for the lobbying portal.

The city's current lobbying disclosure website is a temporary solution. Philadelphia recently put out a notice of intent to contract* for a new website with Acclaim Systems Inc -- the same company working on the state of Pennsylvania's lobbying disclosure system. The RFP for Philadelphia's new website includes a call for the use of unique ID numbers for filers; a way to publish registrations and expense reports "as PDFs and as data to the public searchable site"; user ability to search and download registration and expense reports "easily via the Internet" and to generate PDFs for each of these; and to create an online directory of lobbyists with photos.

The goal is essentially to have Philadelphia's website meet the two stipulations called for in the lobbying disclosure law: e-filing and searchability. The RFP calls for a system "that can be designed and implemented in a four-month timeframe or less," so if the contract receives final approval soon the site could be up this year.

Having some information available in the meantime is better than having none at all. We evaluate the current website with this in mind and with an eye toward how the next iteration of the website that comes after this placeholder might look.

WHAT EXISTS NOW

I. What data is available

Philadelphia links to its lobbying information from a webpage on its Board of Ethics site. It makes registration and reporting forms and instructions available. It also posts some completed lobbying registrations and expense reports.

The lobbying registration forms require the date of registration, the lobbyist name, address, and contact information, details about any affiliated political action committees or candidate political committees, and the name, address, and contact information for any principals or lobbying firms. This level of detail is in line with Sunlight’s Guidebook recommendations.

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Calling for Common Sense (and Bulk Data) in California

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  Request denied. That’s the response MapLight, California Common Cause, and 10 other media, transparency, and reform organizations (including Sunlight) received last Wednesday to a letter submitted to the office of California’s Secretary of State. The letter made a simple request of Secretary Debra Bowen’s office: Add the option of downloading bulk data from California’s campaign finance and lobbying database (Cal-Access) by posting this information in one, single, downloadable file on this public website, and keep this information up-to-date. Not quite a hamfisted transparency reform, but one that’s proved to be quite revealing about online disclosure in the Golden State. Currently there are only two ways to access the information contained on Cal-Access. The first is to slowly surf through the portal’s online interface, choosing limiting, specific sub-fields of information types (i.e Listing by Certified Election Candidates; Incumbents; etc), and relying on the system to generate specific reports that do not allow users to easily compare (or download) information. The second way is via CD-ROM. Yes, to gain “open” access to structured, bulk data from the state of California about campaign finance and lobbying information, you need to submit a request and pay $5 and wait for the state to send you a CD-ROM. There are a lot of problems evident in this scenario, not the least of which is the delay (up to a month!) caused by needing to translate information that already exists in an electronic format into a “physical” one (the CD-ROM). This delay not only costs the state in terms of staff time and resources, but also has a huge cost to the citizens of California. Californians have a right to unfettered access to public information -- like lobbying and campaign finance reports -- which provide vital knowledge and data about how the state government operates and who is trying to influence that power. Five dollars -- or fifty -- is too high a cost to pay for this access.

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Evaluating Municipal Lobbying Data: Chicago

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Chicago-skyline

“Consistent” is not the first word one would use to describe the landscape of lobbying data released by municipalities. As revealed by our research, the formats and range of information local governments collect and disclose about lobbying activity varies quite a bit from one community context to another. After exploring the best practices for collecting and releasing this information, we created and recently published a Municipal Lobbying Data Guidebook. This guide addresses not only what kinds of information should be included in an ideal lobbying dataset, but also information about how that data should be collected and shared, regulated, and examples of the impact of having this information made available in an open way. (Something we’ll continue to explore in future posts.)

So how do municipalities measure up to these standards? We took a close look at three cities -- Austin, Chicago, and Philadelphia -- to explore what they’re doing well and where their lobbying disclosure can improve.

Last week we covered Austin. Now we turn to Chicago.

I. What data is available

Chicago has two hubs for its information related to lobbying: One is on the Board of Ethics website, and the other is in its data portal, though you can also find these records in the reports section of the Electronic Lobbyist Filing System, which links to a search function and back to the data portal. As we noted when we surveyed the landscape of municipal lobbying data, Chicago appears to release some of the most detailed lobbyist data among U.S. cities. The city's data portal contains information about registered lobbyists, activity, compensation, gifts, expenditures, and termination. Many cities don't collect this much detailed information, let alone post it online.

This data includes many of the form fields mentioned in our Guidebook and some further levels of detail. Registration and termination forms for 2013 include lobbyist names, addresses, and contact information; the filing date and termination date, if relevant; and client information including their address, contact information and industry.

Activity reports include the name of the agency contacted by the lobbyist along with the client being represented and the topic of the action requested. The reports also show how many administrative or legislative actions were requested.

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Supreme Court FOI Decision Foolish and Shortsighted

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Yesterday, the U.S. Supreme Court upheld a Virginia law that generally prohibits non-Virginians from making use of its Freedom of Information law. As part of its decision in McBurney v. Young, the Court held that the Constitution's Article IV "Privileges and Immunities" clause does not extend to a non-Virginian's right to access public information on equal terms with Virginia citizens. The Constitution says that "the Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States," and the clause was intended to prevent a state from treating citizens of another state in a discriminatory manner. This ruling allows states like Virginia, Delaware, New Hampshire, and Tennessee to continue to make the benefits of their freedom of information laws available only to their citizens. The Court squares this logical circle by concluding that the access to public information made available under state FOI laws are not "basic to the maintenance or well-being of the Union," and thus not a "fundamental" privilege or immunity the Constitution was intended to protect. It baldly states, without evidence, that "there is no contention that the Nation's unity founded in [the absence of FOIA laws prior to the 1960s], or that it is suffering now because of the citizens-only FOIA provisions that several States have enacted."

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Nonprofit E-File Data Should Be Open

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The IRS is refusing to release digital e-file data for public documents filed by nonprofits--instead, they release it as PDFs. This introduces wasteful barriers for people who want to use this data. Carl Malamud's been fighting to fix this problem. We at Sunlight join him in calling for the IRS to release 990 e-file data.

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