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I am speaking next Tuesday at the National Public Sector Communications Officers' Forum, giving a Gov 2.0 case study about yourHealth and discussing citizen engagement on behalf of my employer.
If anyone attending the Forum has any questions they'd particularly like me to answer about these topics, please let me know in the comments below and I will try to address them during my presentation.
Friday, February 19, 2010
Any questions for me at the National Public Sector Communications Officers' Forum next week? | Tweet |
Thursday, February 18, 2010
What does the White Pages ruling mean for Australian government data? | Tweet |
There is a trend towards greater openness in the licensing of Australian government data. Queensland's government a few years ago put in place a framework (GILF) for Creative Commons licensing and Victoria's government recently committing to using Creative Commons as its default copyright licensing system.
Some steps have taken place at a federal level, with both the ABS and Geosciences (see their footer) moving in the same direction.
However the recent court case where Telstra sued the publishers of Local Directories over the republishing of Yellow and White pages information - and lost - marks a further step in the process.
In the case, Telstra Corporation Limited v Phone Directories Company Pty Ltd [2010] FCA 44 (8 February 2010), the judge found that Yellow and White Pages listings were not covered under copyright law as they were not original and that (requoting from the news.com.au article Telstra loses copyright case over Yellow Pages and White Pages,
"None of the people said to be authors of the Works exercised 'independent intellectual effort' or 'sufficient effort of a literary nature' in creating the (directories)."This case follows a related decision in the IceTV case in 2007, where Channel Nine claimed that its TV Guide was a literary work and IceTV could not create a copy of it through independent effort.
"Further, if necessary, the creation of the Works did not involve some 'creative spark' or the exercise of the requisite 'skill and judgment'."
So what does this mean for similar forms of government information released under Crown Copyright such as transport timetables, budget accounts, lists of elected officials, statements of interests and other lists and statistics which did not require 'creative spark', 'independent intellectual effort' or 'sufficient effort of a literary nature'?
I am not a lawyer and don't trawl all the legal cases reported online on a regular basis, however to my knowledge no Australian state or federal government department has recently gone to court against individuals or corporations replicating and reusing statistical data of these types. So there is no actual ruling I am aware of to test whether this government data remains legally protectable under Crown Copyright.
In at lease one case, involving NSW RailCorp in early 2009, cease and desist letters were sent by RailCorp's lawyers (to three iPhone application developers). This didn't end up in court as the resulting publicity brought the situation to the attention of the then NSW Premier who ordered RailCorp to negotiate arrangements to share timetable data with less stringent copyright provisions.
I believe that a reasonable supposition at this time is that where publicly released government data does not meet the required tests in the copyright case, it would be difficult to prove why it should be protected under Crown Copyright.
This would make copyright over lists of names and figures very hard to justify.
I do appreciate that government departments have concerns over information being used in inaccurate or misleading ways, or that people may rely on out-of-date information through third party sources (a particular concern for transport networks). However Crown Copyright may not be the most appropriate tool to mitigate these risks anymore.
Maybe we need to look at other approaches, such as making it easier for third parties to use data in the way intended - such as providing data feeds at consistent URLs for reuse (which means third-party applications will be as accurate as the government figures), ensuring that data labels are human readable and clear (to reduce misinterpretations) and including date stamps in data so it is clear when it is current from and to.
In cases where data is used inappropriately, government still has recourse through Creative Commons type licensing and other aspects of Australia's legal system to restrain this usage while supporting appropriate use.
Further comments and legal views by lawyers and interested parties are heartily welcome!
Wednesday, February 17, 2010
Safe and effective social media use by government agencies | Tweet |
There's been a very active and engaging discussion in the Gov 2.0 Australia group regarding safe and effective social media use by government agencies.
I thought it was a topic worth discussing in this blog.
One of the challenges government agencies face is whether or not to get involved with the discussions already occurring about their programs, activities and actions.
Whether departments like it or not, we do come under public scrutiny in forums, blogs and social networks regarding our decisions and conduct. There are very active discussions on how to correctly engage with agencies and interpret particular departmental policies and guidelines (The Child Support Agency forum at the Family Law WEB Guide is one example).
One result of all of this discussion is that misunderstandings occur. Helpful people offer suggestions and interpretations that are inaccurate. This can grow into misinformation and can spread quickly across social media channels - where it remains publicly findable for years.
This information can even become more findable in search engines than the relevant information in our own agency websites. This can easily lead to people making decisions which later affect them in negative ways.
Traditionally government's approach has been to communicate repeatedly that people need to call us or seek out our official documents and web pages on topics to get the correct information.
However this doesn't reflect human behaviour. Many studies have indicated that people trust information from their peers more highly than information from institutions or corporations.
In my view when organisations chose to not engage in legitimate social media discussions they could be causing damage. Damage to individuals who rely on inaccurate advice from online sources and damage to their own reputations due to misinformation.
I believe that the best way to combat this is to counter misinformation at its source - in this case within the same social media channels. Note that this doesn't mean responding to EVERY comment in EVERY online network (which isn't feasible for any organisation), but it does mean responding to well-trafficked legitimate online channels where the impact is most significant.
Many agencies, particularly service delivery agencies, inform and advise the public every day by phone, email or postal mail, providing one-on-one information to support citizen decisions.
I have come across views that while this is fine, placing the same information in public channels (such as via social media) would create extra legal risks. If an agency representative provides incorrect information over the phone the error (and risk) is limited to that person, whereas if incorrect information is provided in a public forum it affects many people.
I don't agree that it is necessarily true that the legal risk is less via phone conversations (or similar one-to-one channels).
Firstly if information is provided over the phone it can still be shared publicly. People discuss phone calls and letters, sharing the information they have been given. Sometimes they even record and publish them online.
Secondly where a phone call is to an agent such as an accountant, lawyer or social worker the advice they pass on to their clients can affect many people. The risk is not limited simply to the person at the other end of the phone.
Also government already publishes information publicly. It does so in its website, in publications, through presentations and through advertising.
Simply providing accurate information in response to questions in social media channels, or in response to misinformation can go a long way towards helping customers achieve the best outcomes for them.
It also helps others who find the information through searches. They will find the correct information alongside the misinformation and have a better chance of making the best decision.
So where is the real distinction
Someone suggested in the Gov 2.0 Australia discussion that it was between information and advice. It was suggested that much of the risk occurred when people mistook information for advice specific to their circumstances. Several general examples were given where information provided by phone or face-to-face was misinterpreted as advice, acted on and resulted in legal action.
This type of misunderstanding can clearly occur through any channel and doesn't, in my view, mean we should treat social media as a special case. In fact social media may provide some advantages over phone or face-to-face conversations, as in a public forum your disclaimer can be clearly seen alongside the information. In a conversation the other person may misunderstand and there's potentially no record for the courtroom.
However this risk does highlight the need to be very clear in how we are communicating via different channels and clearly differentiate between advice and information.
I believe this can be covered in social media by providing clear disclaimers in messages outlining who is speaking, what is being posted and the terms of the interaction.
I've provided some examples below of what I mean. Please not that the example text below is illustrative only and is not approved by any Australian government department or agency. Please have appropriate disclaimers for any online engagement you undertake approved through your own agency. Please ensure all online engagement is pre-approved by your agency.
- Identify your agency affiliation clearly (and if possible establish an official account to post through): "Hi, I am XXXX from the Dept of XXXX, posting on behalf of the Department."
- Make it clear that you are posting information, not advice: "In response to the comments in this thread/XXXX's comments about XXXXXX, here is some information that might be useful."
- Link to available official information (where it addresses the topic) rather than repeating it in the forum (in case the information changes over time): "Information on this topic can be found in our website at WEBADDRESS."
- Make the nature of your comments clear: "This is general information only, if you wish specific advice on your circumstances, please call us on XXXX XXX XXX or email XXX@agency.gov.au."
- Make the limits of your engagement clear in a standard disclaimer: "The Dept of XXXX monitors this forum and may respond from time to time to provide information to support customer decisions. We do not provide personal advice through this forum for privacy reasons. If you require advice on your specific circumstances, please call us on XXXX XXX XXX or email XXX@agency.gov.au."
Digital outlook for 2010 | Tweet |
The Society for Digital Agencies (SODA) has released its Digital Outlook for 2010.
This is a great read and provides insight into the thinking and activity around the digital space from a global perspective.
Note that they are having an event in Sydney this Friday (Media 2010, Introducing the next media decade), which I am hoping will be extensively tweeted and liveblogged.
Tuesday, February 16, 2010
Gov 2.0 Canberra lunch with Edmonton's CIO | Tweet |
This year I've started holding events to help bring together Gov 2.0 practitioners and interested parties to encourage discussion and information sharing.
After a successful Gov 2.0 dinner in January, the next event is a lunch at Parliament House with Edmonton's CIO, Chris Moore.
Chris is well-known internationally for the work he's done to open up the city of Edmonton's data and introduce social media within the city's government.
He's in Canberra for a day and was interested in meeting the local Gov 2.0 community.
So if you're a local, or in town that day, consider coming along.
Places are strictly limited.
Event details are here.
(EDIT: This event filled up incredibly fast - I've been able to liberate a single extra spot and begin a waiting list in case of dropouts close to the date)
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