Open Sourcing America's Operating System

And how do you do that? By making all of the laws freely available - and, presumably, searchable and mashable:

Public.Resource.Org is very pleased to announce that we're going to be working with a distinguished group of colleagues from across the country to create a solid business plan, technical specs, and enabling legislation for the federal government to create Law.Gov. We envision Law.Gov as a distributed, open source, authenticated registry and repository of all primary legal materials in the United States.

This is great news, because Carl Malamud - the force behind this initiative - has been urging it for years: now it looks like it's beginning to take a more concrete form:

The process we're going through to create the case for Law.Gov is a series of workshops hosted by our co-conveners. At the end of the process, we're submitting a report to policy makers in Washington. The process will be an open one, so that in addition to the main report which I'll be authoring, anybody who wishes to submit their own materials may do so. There is no one answer as to how the raw materials of our democracy should be provided on the Internet, but we're hopeful we're going to be able to bring together a group from both the legal and the open source worlds to help crack this nut.

I particularly liked the following comment:

Law.Gov is a big challenge for the legal world, and some of the best thinkers in that world have joined us as co-conveners. But, this is also a challenge for the open source world. We'd like to submit such a convincing set of technical specs that there is no doubt in anybody's mind that it is possible to do this. There are some technical challenges and missing pieces as well, such as the pressing need for an open source redaction toolkit to sit on top of OCR packages such as Tesseract. There are challenges for librarians as well, such as compiling a full listing of all materials that should be in the repository.

What's interesting is that this recognises that open source is not just an inspiration, but a key part of the solution, because - like the open maths movement I wrote about below - it needs new kinds of tools, and free software is the best way to provide them.

Now, if only someone could do something similar in the UK....

Open Sourcing America's Operating System

Carl Malamud is one of the leaders in the fight for access to public data, specifically that in the US:

For over 20 years, I have been publishing government information on the Internet. In 2008, Public.Resource.Org published over 32.4 million pages of primary legal materials, as well as thousands of hours of video and thousands of photographs. In the 1990s, I fought to place the databases of the United States on the Internet. In the 1980s, I fought to make the standards that govern our global Internet open standards available to all. Should I be honored to be nominated and confirmed, I would continue to work to preserve and extend our public domain, and would place special attention to our relationship with our customers, especially the United States Congress.

Now, in a campaign dubbed "Yes We Scan", he would like to take on the role of "Public Printer of the United States". Here's one of his key goals: making America's operating system open source:

The Federal Register system of publications represents many of the official publications of the executive branch. A large stream of other documents come from the legislative branch and judiciary, forming a collection of primary legal materials that make up “America’s Operating System,” the rules that govern our society. A goal of the new administration should be to make America’s Operating System open source, guaranteeing that a complete and current archive of all primary legal materials in the United States are freely available on the Internet. This goal is partly about democracy, allowing citizens to see the rules that govern our society, but America’s Operating System is also about innovation, guaranteeing that any scholar or entrepreneur can download our legal materials and develop new and more effective ways of presenting, practicing, communicating, and learning about the law.

How can they not give him the job?

Opening Up the Source Code of Society

Carl Malamud has done it again:

Public.Resource.Org and Fastcase, Inc. announced today that they will release a large and free archive of federal case law, including all Courts of Appeals decisions from 1950 to the present and all Supreme Court decisions since 1754. The archive will be public domain and usable by anyone for any purpose.

Great news (well, mostly for Americans, but a legal commons is a legal commons). And how about this for an quotation:

“The U.S. judiciary has allowed their entire work product to be locked up behind a cash register,” said Carl Malamud, CEO of Public.Resource.Org. “Law is the operating system of our society and today's agreement means anybody can read the source for a substantial amount of case law that was previously unavailable.”

(Via Lessig Blog.)

That's the Way to Do It

Government won't make public data freely available? Simple: just stick it up online.

Laying Down the Law

Those open and sharing memes are spreading like wildfire in the most surprising places - like law, for example. In the US, there are two new important projects to place legal decisions online, freely available to all. There's Carl Malamud's database of legal opionions, and Tim Wu's AltLaw project.

But the thing that interested me most was a comment to the announcement of latter, which pointed out that that these US-based efforts are actually trailing equivalent moves elsewhere. The excellent site World Legal Information Institute has links to over a dozen of them. Shame on me for not discovering them sooner.

Real Openness, Real Guts

Carl Malamud is one of the original digital pioneers, probably best-known for founding Internet Multicasting Service and Internet Talk Radio. But as well as the technology, he also has the moral side covered too.

Try reading this astonshing letter to the head of C-SPAN, following discussions about fair use of its recordings. It concludes with the following bold offer:

C-SPAN is a publicly-supported charity. Your only shareholders are the American public. Your donors received considerable tax relief in making donations to you. You and your staff were well paid for your excellent work. Congressional hearings are of strikingly important public value, and aggressive moves to prevent any fair use of the material is double-dipping on your part. For C-SPAN and for the American public record, the right thing to do is to release all of that material back into the public domain where it belongs.

I thus write to you today with a specific request and a notice:

1. Your inventory shows 6,251 videos of congressional hearings for sale in the C-SPAN store at an average price of $169.50, for a total retail value of approximately $1,059,544. I am offering today to purchase this collection of discs from you for the purpose of ripping and posting on the Internet in a nonproprietary format for reuse by anybody. I understand your store would take a while to process such an order and am willing to place it in stages.
2. I have purchased Disc 192720-1 from the C-SPAN store, ripped more than one minute of video from the disc, and used it for the creation of a news and satirical commentary of compelling public interest and then posted the resulting work at the Internet Archive. I did not ask C-SPAN for a license and I assert fair use of this material.

Mr. Lamb, C-SPAN has been a pioneer in promoting a more open government. You created a grand bargain with the Cable Industry and the U.S. Congress. When I created the first radio station on the Internet and was asked why I did so as a non-profit instead of going for the gold like many of my colleagues, my reply has always been that I was inspired by your example.

Your grand bargain has served the American people and the C-SPAN organization well. Holding congressional hearings hostage is not in keeping with your charter, and it is not in keeping with the spirit of that grand bargain you made with the American people. Please re-release this material back into the public domain where it came from so that it will continue to make our public civic life richer.

Sincerely yours,

Carl Malamud

(Via Jon Udell.)