Posts Tagged ‘Public access to government information’

Ensuring Public Access to Digital Legal Information: To Be Discussed at iConference 2010

February 3, 2010

[NOTE: Updated on 9 February 2010 to link to slides from the presentations (HT @freegovinfo). Updated on 3 February 2010 to link to the abstract for the roundtable. HT @freegovinfo.]

Ensuring online public access to legal information will be discussed by Tom Bruce, co-founder and director of Cornell’s Legal Information Institute, at Roundtable Number 4, “Gone Today, Here Tomorrow: Assuring Access to Government Information in the Digital Age” (scroll down) (click here for the abstract for the roundtable), to be held 4 February 2010 at 3:45 p.m., at iConference 2010 [the conference of iSchools], at the University of Illinois at Urbana-Champaign Graduate School of Library & Information Science, in Champaign, Illinois, USA.

Click here for slides from the presentations (HT @freegovinfo).

(Among the topics discussed by the panelists was the Law.gov legal open government data project).

Other roundtable panelists include:

HT @freegovinfo.

New Report on Sealed Cases in Federal Courts

December 29, 2009

A new report entitled Sealed Cases in Federal Courts (2009) has been issued by the U.S. Federal Judicial Center. The authors are Tim Reagan and George Cort. Here is the abstract:

“An analysis of all cases filed in federal district courts, bankruptcy courts, and courts of appeals in 2006 revealed that 0.2% of civil cases, 1.6% of criminal cases, 16% of magistrate judge cases, 34% of miscellaneous cases, and 0.1% of appeals were sealed approximately two years after filing. Cases filed in bankruptcy courts are virtually never sealed. This report, prepared for a sealed case subcommittee of the Judicial Conference‘s standing Committee on Rules of Practice and Procedure, describes why and how cases were sealed.”

Note that the report covers only cases filed in 2006.

CFR in XML Available for Bulk Download from GPO

December 26, 2009

[NOTE: Updated on 27 December 2009 to add the final four paragraphs.]

The U.S. Code of Federal Regulations (CFR) for 2007-2009 is now available for bulk download in XML from U.S. Government Printing Office (GPO) FDsys. Click here for the user guide.

Why is this of potential interest to the legal community? First, attorneys, legal IT personnel, and law librarians can download the CFR in XML and process it so that they, their colleagues, and the communities they serve can use it free of charge, without incurring the costs of using a for-fee online service. The XML markup enables the code to be output in a wide range of formats or integrated with a number of other information resources.

Second, many organizations that publish legal information for free on the Internet or at low cost — such as the Legal Information Institute at Cornell University and Princeton University’s Center for Information Technology Policy and its FedThread federal regulations publishing project — can download the CFR, process it, and make it available to the legal community and the public. This should result in greater competition in the market for legal information and ultimately lower costs for users of legal information.

This is the second major legal information access initiative at GPO this year. Earlier in 2009, GPO began making available the Federal Register for bulk download in XML.

These data access initiatives are consistent with such law-related Open Government Data activities as the U.S. Government’s Open Government Directive and the Law.gov project, which will be the subject of a number of public meetings throughout the U.S. in the first half of 2010.

Legislation 2.0: Government of Greece

October 30, 2009

The government of Greece has begun to make draft legislation available for public comment on its Website, opengov.gr. Professor Ioannis Iglezakis of the Aristotle University of Thessaloniki Law School provides background information and commentary on his Information Law blog.

Batista & Cornock on How Difficulties Interpreting Data Protection Laws Inhibit Public Access to Government Information

October 22, 2009

Dr. Luciano Batista & Dr. Marc Cornock, both lecturers at The Open University Business School, have published Information Sharing in E-Government Initiatives: Freedom of Information and Data Protection Issues Concerning Local Government, 2009(2) Journal of Information, Law & Technology (JILT). Here is the abstract:

“In e-government initiatives, the sharing of information is crucial for empowering citizens and boosting joined-up services. The lack of clear guidance on how to share government data can potentially harm Freedom of Information and or Data Protection rights. This article addresses this issue by drawing from the main concerns governments have when dealing with Freedom of Information and Data Protection issues. As illustration, we comment on the findings of a case study we have conducted in a Local Authority in the United Kingdom (UK). Our findings show that local government managers might be struggling to adequately implement Freedom of Information and Data Protection aspects. Cultural aspects are subtly present in this context, as managers’ values and beliefs regarding public access to information might be biased toward either information disclosure or information withholding.”

Legal informatics researchers may be particular interested in the discussion in the article of difficulties government officials may be experiencing in interpreting and applying the UK Freedom of Information and Data Protection statutes. The authors argue that this difficulty in processing and using legal information may be a key factor resulting in undesired limitations on public access to government information.

Professor Bruce Shows the Value of Free Access to Law

October 21, 2009

Professor Tom Bruce, Director of Cornell University’s Legal Information Institute (LII), this week has powerfully demonstrated the value of free access to law. He gives a detailed account of the matter here. Here is a summary (Tom, please correct me if I get any of this wrong.):

According to press reports, Joe Arpaio, Sheriff of Maricopa County, Arizona, USA, recently asserted that he had legal authority, under U.S. federal law, to apprehend individuals considered to be undocumented immigrants to the United States. To support this assertion, the press reports state, the sheriff cited what he represented as a U.S. federal statute, which, he asserted, he had discovered in the LII’s version of the U.S. Code. Unfortunately for the sheriff, as the press reports relate, this assertion turned out to be inconsistent with the truth: the “statute” that the sheriff had reportedly cited is not a U.S. federal law, nor a law of any other jurisdiction: it seems to be a work of fiction, apparently created by an anti-immigrant political activist organization.

Yet, according to news reports, because the LII publishes a current, freely available version of the U.S. Code on its Website, many individuals who learned of the sheriff’s assertions were able to use the LII’s version of the Code to investigate the sheriff’s assertions and to determine that the sheriff’s representation of the law was inaccurate.

Preventing government officials from misrepresenting the law, by giving citizens free public access to the law, is arguably among the most powerful justifications for the free access to law movement, and for continued support for the legal information institutes.

Congratulations to Professor Bruce and the LII team, and to the other members of the free access to law movement, for providing to people throughout the world the vital benefit of access to the laws that govern them.

Knight Commission Report: Law-Related Recommendations

October 2, 2009

Informing Communities: Sustaining Democracy in the Digital Age: The Report of the Knight Commission on the Information Needs of Communities in a Democracy has been issued. Information about the commission is available here. The Twitter hashtag for discussion of the report is #knightcomm.

Surprisingly, the report does not appear to identify access to the laws in force in a jurisdiction as being among the information needs of communities in a democracy. (I would very much like to know the reason for this omission.) Nonetheless, the report makes several recommendations respecting law-related information (all emphasis below is added):

  • The report calls for “[r]equir[ing] government at all levels to operate transparently, facilitate easy and low-cost access to public records, and make civic and social data available in standardized formats that support the productive public use of such data”;
  • The report calls for “open courtrooms. In criminal and civil matters, any closing of proceedings or sealing of records should meet a high standard in terms of the public interests protected. Court proceedings, particularly at the appellate level, should be open to cameras“;
  • The report contends that “[o]pen-meetings laws should require
    that all public agencies conduct their deliberations and take their actions openly. The public should be able to witness and participate in the process of governing. If possible, governments should allow citizens to participate in hearings or other fact-gathering processes electronically“;
  • The report also recommends that “[a]t every level, legislative bodies should operate with genuine transparency. Members of the public should be able to track and comment upon successive versions of proposed statutes and ordinances, whether federal, state, or local. Except in genuine emergencies, legislators should not vote on proposals that have not had public vetting with a meaningful opportunity for public comment.”

These recommendations may be of interest to legal informatics researchers and developers working in such areas as free access to law, erulemaking, elegislation, and the development of digital law libraries.

Videos Available for Jornada eJusticia = eJustice Seminar, Trujillo & México DF

September 26, 2009

Videos are now available for many of the presentations and panels of the I Jornada eJusticia: Hacia un sistema de justicia transparente = 1st Seminar on eJustice: Toward a Transparent System of Justice, held Sept 24, 2009, simultaneously in Trujillo, Spain & México D.F.

The conference was organized by Centro Extremeño de Tecnologías Avanzadas (CETA), Tribunal Electoral del Poder Judicial de la Federación (TE México), & Fundación Ciencias de la Documentación (FCD).


Follow

Get every new post delivered to your Inbox.

Join 96 other followers