The New Ambiguity of 'Open Government'

59 UCLA L. Rev. Disc. 178 (2012)

31 Pages Posted: 2 Mar 2012 Last revised: 21 Aug 2014

Harlan Yu

Princeton University - Center for Information Technology Policy; Princeton University - Department of Computer Science; Stanford University - Stanford Law School Center for Internet and Society

David G. Robinson

Information Society Project at Yale Law School; Georgetown University Law Center

Date Written: February 28, 2012

Abstract

“Open government” used to carry a hard political edge: it referred to politically sensitive disclosures of government information. The phrase was first used in the 1950s, in the debates leading up to passage of the Freedom of Information Act. But over the last few years, that traditional meaning has blurred, and has shifted toward technology.

Open technologies involve sharing data over the Internet, and all kinds of governments can use them, for all kinds of reasons. Recent public policies have stretched the label “open government” to reach any public sector use of these technologies. Thus, “open government data” might refer to data that makes the government as a whole more open (that is, more accountable to the public), but might equally well refer to politically neutral public sector disclosures that are easy to reuse, but that may have nothing to do with public accountability. Today a regime can call itself “open” if it builds the right kind of web site — even if it does not become more accountable. This shift in vocabulary makes it harder for policymakers and activists to articulate clear priorities and make cogent demands.

This essay proposes a more useful way for participants on all sides to frame the debate: We separate the politics of open government from the technologies of open data. Technology can make public information more adaptable, empowering third parties to contribute in exciting new ways across many aspects of civic life. But technological enhancements will not resolve debates about the best priorities for civic life, and enhancements to government services are no substitute for public accountability.

Keywords: open government, open data, transparency, adaptability, e-government, government 2.0, Internet, executive branch

Suggested Citation

Yu, Harlan and Robinson, David G., The New Ambiguity of 'Open Government' (February 28, 2012). 59 UCLA L. Rev. Disc. 178 (2012). Available at SSRN: https://ssrn.com/abstract=2012489 or http://dx.doi.org/10.2139/ssrn.2012489

Harlan Yu (Contact Author)

Princeton University - Center for Information Technology Policy ( email )

Sherrerd Hall, 3rd Floor
Princeton, NJ 08544
United States

Princeton University - Department of Computer Science ( email )

35 Olden Street
Princeton, NJ 08540
United States

Stanford University - Stanford Law School Center for Internet and Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

David G. Robinson

Information Society Project at Yale Law School ( email )

127 Wall Street
New Haven, CT 06511
United States

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

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