Liberal Democrat logoThe Liberal Democrats have published the findings of their policy review on technology issues ahead of their party conference this September.

I covered their initial discussion paper, and it is great to see that eDemocracy issues reached the final conclusions.

As the document notes, the party has not updated its ICT policies since 2003, which explains why it had little to say in response to the Conservative and Labour general election manifesto commitments on issues such as open data.

eDemocracy strategy (three cheers)

Perhaps the most significant proposal in the paper (which is not official policy until agreed by the conference) is the creation of an eDemocracy centre.

This would "initiate and encourage the use of tools by individuals, communities and government at all levels, funded by central government on a permanent basis".

It would perhaps go some way to addressing the continuing complaint of this blog, which is the lack of a UK eDemocracy strategy.

Parliament online (three cheers)

Also of note is the commitment to publishing more understandable information about the legislative process.

"A simple way of ensuring that this happens would be for Parliament to move from a 'document-based' approach to a 'work-flow' approach. This would mean that information presented about Parliamentary business would be aimed at 'the man on the Clapham omnibus', rather than those with a thorough grasp of procedure, as at present."

The implications of a change like that for Parliament's existing legislative data programme would potentially be quite profound.

The policy document also says citizens "should have the right to be consulted on policy decisions that affect them".

"Online public consultations should begin during the writing stage, not merely as rubber stamps after the fact."

That sounds rather like the public reading stage which the government has already begun trialing.

Also of note is a call to liberalise the rules governing online use of parliamentary footage.

ePetitions (two cheers)

While the government's new petitions website has been inundated since its launch, the Lib Dems also call for further improvements to the level of engagement offered by the system.

"[W]e believe that the system should also encourage the formation of communities around both supporters and opponents of the proposition. Petitioning should be more than just a signature; it has the potential to foster more genuine involvement in the political process, making it easier for people to express their views effectively."

This is could be a really important step forward, but ran into cost-cutting reality during the building of the ePetitions site.

The specification for the site indicated that there were no funds available for moderating comments on the site.

Much would depend, though, on whether alternative implementations could be found such as ranking comments or only reactively moderating those which are reported as abusive by other users.

It is an issue that needs addressing, and on heated issues like the death penalty even reactive moderating could lead to a significant workload.

Unless I've missed something, I've not yet seen a government department brave enough to outsource its moderation policy to the public. If cost remains an issue, though, someone might need to take the plunge and try it (The policy document does suggest that there should be more legal protection for websites which publish user comments, so perhaps the government could then make use of its own laws).

The other interesting point to note about the Lib Dem position on ePetitions is how close it is to the Conservative technology manifesto.

"The Conservative Party believes that government websites should not be treated like secure government offices or laboratories, where public access is to be controlled as tightly as possible. We see government websites as being more like a mixture of private building and public spaces, such as squares and parks: places where people can come together to discuss issues and solve problems."

A point of agreement for the coalition partners, it would seem.

eVoting (half a cheer)

On eVoting, the paper says that while "some work has been done" to answer the party's concerns, "the case for widespread implementation of remote electronic voting remains insufficiently strong to warrant abandoning the current voting system".

"However, we recommend that selective pilots are carried out to determine whether remote electronic voting might be a more suitable, secure and convenient option for the electorate than postal voting."

Having written about the case in favour of eVoting, and noted how recent announcements have made it impossible to implement, the call for more pilots at least keeps some momentum behind the issue.

But this proposal doesn't seem to make a huge amount of sense.

The costs of rolling out the system would be incured anyway, but the benefits restricted to a small number of people. And if, as the paper says, it is more "secure and convenient" than postal voting which is currently used then surely it also meets the standards required to be properly implemented.

And if I really wanted to cast my vote electronically and knew how to manipulate the system, I would presumably register for a 'postal vote' and then vote online. So it allows anyone access to the system but just puts a needless obstacle in their path.

Changing the law (three cheers)

Beyond eDemocracy issues, the paper also considers topics ranging from cloud computing to intellectual property.

On the Digital Economy Act, it puts forward two options for the party conference to decide on.

The first would repeal of sections three to 18 of Act, which relate to copyright infringement and the 'three strikes' controversy.

The second would repeal of sections 17 and 18 (site blocking) and offers the weaker formulation that sections 9-16 (technical measures to limit the internet access of repeat illegal filesharers) "should not be commenced until the government can demonstrate that the measures would be necessary and effective".

The #twitterjoketrial issue is also covered, with a call to rethink the clause that led to the conviction of Paul Chambers.

"[We] recommend amendment of primary legislation such as section 127 of the Communications Act 2003 so that messages are read in their correct context and so that people are not prosecuted for what are clearly attempts at humour, and where there is no intention to harm."

There are also concerns about cloud computing if it results in "large corporations taking control of enormous quantities of public or private data outside the reach of national law".

eGovernment (two cheers)

In the world of eGovernment there is support for open standards and an "assumption that public non-personal data belongs to the nation, so should be freely available".

"The government should ensure that it owns the code that it has paid for, and then share it for free within the public sector in order to avoid different parties paying external firms to develop the same software. We would like to see the public sector embrace collaborative development along the lines of websites such as Github."

There is also an interesting and potentially significant statement on supporting the use of open source software.

"One way of promoting open source would be for the government officially to support the use of those open source community websites which perform public services to a similar or better standard than official publicly-funded websites.

"The government could also consider providing resources to the creators responsible. Formerly it has been known for the government to attempt to replicate the work of such websites."

In part this seems to back the work of AlphaGov (which the paper also calls a "positive step") and the Martha Lane Fox review which called for content and services to be made available as APIs.

But it also seems to go further than that in suggesting that the government should avoid building some services altogether and simply help others to do so (perhaps a task for HMG Skunkworks).

It also adds that the evidence shows that "government ministers and senior civil servants – with a few honourable exceptions – do not 'get' information technology, and do not understand the social and political impact of their technology-based decisions".

To address this it calls for a new government office to "advise all other departments of ways in which IT can improve efficiency and quality of service to the public, and engender a culture of online engagement with the public".

"It would have responsibility for procurement policy and oversight of all major IT contracts across government, thereby promoting interconnectivity. It would also provide support with appropriate project management techniques."

How this would fit in with the the Government Digital Service and the Major Projects Authority is not discussed.

 

Update 19/08/2011: See also Simon Dickson's review of the policy paper on the Puffbox blog

 

One of the angles not getting covered much in today's government announcement on the Digital Economy Act and intellectual property is the role played by online crowd-sourcing.

The process by which ministers arrived at this point began last year with the Your Freedom crowd-sourcing website, which invited the public to identify restrictive laws.

Repeal of the Digital Economy Act was the most popular idea put forward on the site.

After the consultation closed, deputy prime minister Nick Clegg said the government would listen to the views expressed and the Department for Culture, Media and Sport (DCMS) commissioned Ofcom to review whether the proposals on website blocking could feasibly be implemented.

That report is published today, and notes that while there are various technical approaches to blocking websites, there are significant drawbacks to each one.

As a result, the DCMS says it "will not bring forward site blocking regulations under the DEA at this time".

So if this narrative is even partially correct (and in reality the decision will also have been influenced by other factors including lobbying by ISPs) then it was crowd-sourced public views which put the issue on the agenda and saved the government from proceeding with an unimplementable law.

At the time that the Ofcom review was announced, I wrote:

"If the review finds the DEA provisions cannot be implemented, it will be a boost to the credibility of those making wider criticisms of the Act and could strengthen their campaign to rethink other provisions too. Of course, an opposite outcome would be equally damaging to the campaign.

"So in focusing on the evidence about the practicality of the DEA, this review is putting not just the Act itself on trial but also the credibility of crowd-sourced views and whether they are something more than ill-informed campaigning.

"The outcome of this will be important for eDemocracy in the UK."

So with Ofcom finding significant problems with implementing the DEA, it has to be said that this was a victory for crowd-sourcing.

A victory over what? Well, certainly the parliamentary process which passed the relevant sections of the legislation in the first place.

As the government proceeds with its public reading stage experiment, it will be interesting to see what might happen in future when crowd-sourced views conflict so strongly with a key element of officially stated policy.

Campaigners will now, at least, be able to point to this case as an proof that they might just be saving the authorities from themselves.

 

When I wrote a review of the Your Freedom crowd-sourcing website last December, I concluded by saying:

"It will be interesting to see if ministers put a few suggestions into the Freedom Bill (possibly items that they always intended to include anyway?) and then forget about the database.

"Or perhaps they will keep returning to the ideas submitted through the website again and again, citing it as an influence over the next few years. That would be the best way of showing the exercise had some value."

So I think its only fair to give ministers some credit for the news they announced today on the implementation of the Digital Economy Act (DEA).

Communications watchdog Ofcom will review sections of the DEA to see if powers enabling courts to block websites dedicated to copyright infringement are really workable.

Deputy prime minister Nick Clegg said:

"When we launched Your Freedom, I promised that the ideas submitted would be given proper consideration. Although reform of the Digital Economy Act did not form part of the Coalition Agreement, we have listened to the views expressed. The government will look at whether we have the right tools for the job in addressing the problem of online copyright infringement."

So given that I suggested it would be some proof of success if ministers cited the feedback from Your Freedom as an influence, this is clearly a step in the right direction.

But there are also some wider issues raised by today's announcement.

On trial

The most popular suggestion on the Your Freedom site was to "repeal the Digital Economy Act" rather than review a small section of it, so it might be suggested that this is only a small step in the right direction.

But the review is going to be important, and not just for what it says about the implementation of the DEA.

If the review finds the DEA provisions cannot be implemented, it will be a boost to the credibility of those making wider criticisms of the Act and could strengthen their campaign to rethink other provisions too. Of course, an opposite outcome would be equally damaging to the campaign.

So in focusing on the evidence about the practicality of the DEA, this review is putting not just the Act itself on trial but also the credibility of crowd-sourced views and whether they are something more than ill-informed campaigning.

The outcome of this will be important for eDemocracy in the UK.

Political impact

Also of note was the political effect that crowd-sourcing seems to have had within government.

Culture secretary Jeremy Hunt has opposed repeal of the DEA (although not implementing some provisions is not the same as repeal), while during the election Clegg said it should be scrapped.

It was interesting that even in a press release, Hunt sounded somewhat reluctant in accepting there might be any problems, making clear he has "no problem with the principle of blocking access to websites used exclusively for facilitating illegal downloading of content" and is only concerned with the workability of any ban.

So was the political effect of Your Freedom to strengthen Clegg's position within government and force at least one concession from the Department for Culture, Media and Sport?

Liberal Democrat MP Julian Huppert, who has campaigned against the DEA, blogged that Clegg had been "instrumental" in the announcement. And he tweeted:

Good news on #deact http://bit.ly/gPdQBN <- this is the result of a lot of hard work ... Thanks all! @nick_clegg was very helpful
@julianhuppert
Julian Huppert

From the outside at least, it seems as if the weight of crowd-sourced views has forced the government to act when it might not otherwise have done.

Even if the rethink only came about because of a fear of looking stupid in asking for the public's views and then ignoring the most popular one, if the outcome is better law then that would be a notable success for crowd-sourcing.

 

Having been pretty much left behind on information technology policy at the last general election (their last look at the area having been in 2002), the Liberal Democrats have begun to reassess their policies.

The consultation document below lists a series of areas the party is going to review and consult on. Amongst the points that stand out for me are:

  • What system should be in place to assess legislation which may require the use of IT or major changes in IT systems?
  • Should all government services be online? What should be the ultimate goal in providing services online?
  • How can the government ensure that IT facilitates political inclusion and accountability? In what ways should parties and governments communicate with voters and constituents?
  • What can be done to ensure that voters and constituents can readily find and access information that is relevant and useful?
  • How can we maintain accessibility for everyone, including those with learning and other disabilities? Should there be guidelines in place for accessible materials, and who should be required to follow them?
  • Is electronic voting workable in the near future? How can the problem of lack of a supervised environment be addressed?

These questions – along with some of the other areas raised in the consultation document such as the future of intellectual property law – will give the Lib Dems a chance to leap-frog the Conservatives and Labour in areas not covered in their recent general election manifestos.

The policy review is being led by Cambridge MP Julian Huppert, who is also vice-chairman of the Digital Economy All-Party Parliamentary Group and is credited with leading the push to get his party to be more critical of the Digital Economy Act.

Information Technology and Intellectual Property Consultation Paper

Credit: The policy document was highlighted by Mark Pack.

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