Although I have a great deal of time (and respect) for Lawrence Lessig, I think his article "Against Transparency" is fundamentally misguided. And for the same reason I think these concerns are overblown, too:
The coming wave of transparency could transform this in a hugely positive way, using open data on costs, opportunities and performance to become a much more creative, cost-effective and agile institution, mindful of the money it spends and the results it achieves, and ensuring individuals are accountable for their work.
But it might make things worse, frightening senior managers into becoming more guarded, taking fewer ‘risks’ with even small amounts of money, and focusing on the process to the detriment of the outcome. It may also make public service less attractive not only for those with something to hide, but for effective people who don’t want to spend their time fending off misinterpretations of their decisions and personal value for money in the media. And to mirror Lessig’s point, it may push confidence in public administration over a cliff, in revealing evidence of wrongdoing which in fact is nothing of the sort.
First of all, I think we already have a data point on such radical transparency. Open source is conducted totally in the open, with all decisions being subject to challenge and justification. That manifestly works, for all its "naked transparency".
Now, politics is plainly different in certain key respects, not least because hackers are different from politicians, and there has been a culture of *anti*-openness among the latter. But I think that is already changing, as David Cameron's latest billet doux to opening up indicates:
the release of the datasets specified in the Coalition Programme is just the beginning of the transparency process. In advance of introducing any necessary legislation to effect our Right to Data proposals, public requests to departments for the release of government datasets should be handled in line with the principles underpinning those proposals: a presumption in favour of transparency, with all published data licensed for free reuse.
Now, I am not so naive as to believe that all will be sweetness and light when it comes to opening up government; nor do I think that open goverment is "done": this is the beginning or the journey, not the end. But it is undeniable that a sea change has occurred: openness is (almost) the presumption. And the closer we move to that state, the more readily politicians will work within that context, and more natural transparency - even of the naked kind - will become.
Moreover, shying away from such full-throated openness because of concerns that it might frighten the horses is a sure way to ensure that we *don't* complete this journey. Which is why I think concerns about "naked transparency" are not just wrong, but dangerous, since they threaten to scupper the whole project by starting to carve out dangerous exceptions right at its heart.
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