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Re: data.gov.* memo

From: Acar, Suzanne <Suzanne.Acar@ic.fbi.gov>
Date: Tue, 16 Jun 2009 10:07:50 -0400
To: "'KevinNovak@aia.org'" <KevinNovak@aia.org>, "'daniel@citizencontact.com'" <daniel@citizencontact.com>, "'jonathan.gray@okfn.org'" <jonathan.gray@okfn.org>
CC: "'josema@w3.org'" <josema@w3.org>, "'public-egov-ig@w3.org'" <public-egov-ig@w3.org>, "'John.Sheridan@nationalarchives.gov.uk'" <John.Sheridan@nationalarchives.gov.uk>
Message-ID: <DD0D97590E176A45BFBFB0BDA0369EE45D0A5AD082@fbi-exvme-11.FBI.GOV>
I agree the issue is complex in general particulalrly for what you describe. But isn't part of managing complexity about scoping the challenge and organizing into smaller manageable pieces as an attempt to simplify as a strategy? So, in the case of US Data.gov we're looking at raw data made available for repurposing by any one interterested 'out there'. This data in theory has already gone thru internal screening by all parties inside the owning government agency required to include their lawyers. There is another component to data.gov which makes things more intertesting and that is the feature of the government developed and government owned data tools made available on data.gov. What are the implications for placing them in the public domain and what are the probable outcomes/risks that may require mitigating? My apologies if my wording is ambiguous - I'm obviously not good at this type of dialogue... But how else do I learn if I don't try.. Thanks in advance for bearing with me.


From: Novak, Kevin <KevinNovak@aia.org>
To: Acar, Suzanne; daniel@citizencontact.com <daniel@citizencontact.com>; jonathan.gray@okfn.org <jonathan.gray@okfn.org>
Cc: josema@w3.org <josema@w3.org>; public-egov-ig@w3.org <public-egov-ig@w3.org>; John.Sheridan@nationalarchives.gov.uk <John.Sheridan@nationalarchives.gov.uk>
Sent: Tue Jun 16 08:57:13 2009
Subject: RE: data.gov.* memo


It is a complex issue even for US government. Not so much for the general agencies given Suzanne’s comments.

The Library of Congress, Smithsonian, NEH, National Gallery of Art, National Park Service and a few others have “collections” of material that have been digitized and made available on the web. Many resulting from agreements with trustees and custodians that have donated the materials to the institutions for some level of access. The challenge was and is ensuring that the materials are rights protected and it is made clear that they do not fall under the normal regulations. Negotiating these agreements is quite an experience and always challenging when you don’t have a good policy basis to start with. Although this isn’t specifically a “data” issue under the current data.gov and UK efforts, it is indeed a growing issue for agencies dealing with culturally significant materials that aren’t necessarily government produced and the desire to have the materials located on government websites.


Kevin Novak
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The American Institute of Architects
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From: Acar, Suzanne [mailto:Suzanne.Acar@ic.fbi.gov]
Sent: Tuesday, June 16, 2009 8:44 AM
To: 'daniel@citizencontact.com'; 'jonathan.gray@okfn.org'
Cc: 'josema@w3.org'; 'public-egov-ig@w3.org'; 'John.Sheridan@nationalarchives.gov.uk'; Novak, Kevin
Subject: Re: data.gov.* memo

Very interesting, Daniel. Will take a closer look.
Also, thank you Jonathan for the clarifiacation on your statement.


From: Daniel Bennett <daniel@citizencontact.com>
To: Jonathan Gray <jonathan.gray@okfn.org>
Cc: Acar, Suzanne; josema@w3.org <josema@w3.org>; public-egov-ig@w3.org <public-egov-ig@w3.org>; John.Sheridan@nationalarchives.gov.uk <John.Sheridan@nationalarchives.gov.uk>; kevinnovak@aia.org <kevinnovak@aia.org>
Sent: Tue Jun 16 08:44:28 2009
Subject: Re: data.gov.* memo
Awhile ago, when some of the bills were starting to be introduced in XML, the Congress decided to add in some Dublin Core metadata so that issues such as rights would be made clear. See below.

And then there is the presumption that anyone or organization that publishes raw data in an open and without real applications is intending for the data to be either used in place or copied. This is like having an RSS newsfeed and then claiming that the RSS newsfeed itself is copyrighted.

And then there is the issue of how data is used on the Internet with search engines essentially having a complete copy of almost everything internally in order to allow for search.   Hmmmmmm.

<metadata xmlns:dc="http://purl.org/dc/elements/1.1/"<http://purl.org/dc/elements/1.1/>>


<dc:title>111 HR 11 IH: Lilly Ledbetter Fair Pay Act of


<dc:publisher>U.S. House of Representatives</dc:publisher>




<dc:rights>Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.</dc:rights>



Jonathan Gray wrote:

On Tue, Jun 16, 2009 at 2:13 PM, Acar, Suzanne<Suzanne.Acar@ic.fbi.gov><mailto:Suzanne.Acar@ic.fbi.gov> wrote:

US data.gov published a policy statement on the site.  Copyright statement was not needed because government data once released for sharing is public domain.

While this is true for US Federal government material - this is

unfortunately not so clear outside the US.

In my experience of looking at the situation with data across Europe,

many government sites do not explicitly state what can and can't be

re-used. The EU PSI Directive broadly encourages member states to make

material available for re-use - but this is still being implemented,

and some feel there is ambiguity about its scope and strength. Also

its always helpful to know where rights are held by third parties!

(image/jpeg attachment: image001.jpg)

Received on Tuesday, 16 June 2009 14:13:01 UTC

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