[open-government] National legal barriers to open data in Europe
Antti.Eskola at tem.fi
Antti.Eskola at tem.fi
Wed Jan 5 09:43:41 UTC 2011
This solves the problem only if the retriever and the first user is the same and remains the end user. Why can't the license text mention that the data can be used only for legal purposes? Strange if it is doesn't mention it yet.
Cris's point may be that e.g. spam laws should target spammers themselves, not those who release public sector data in good faith, but that data is subsequently misused by spammers. Right?
Antti Eskola
"Actually, I see these as compatible restrictions. Just have those two restrictions as part of a general "You may use this service as long as you are not contravening any law" restriction as a term of use of a data retrieval service. The terms of use of the retrieval service (e.g. the API) are independent to the licencing terms of the data itself.
Tim
@timClicks"
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Today's Topics:
1. Re: National legal barriers to open data in Europe (Tim McNamara)
2. Re: National legal barriers to open data in Europe (Chris Taggart)
3. Re: National legal barriers to open data in Europe (Steven Clift)
4. Re: National legal barriers to open data in Europe
(The Innovation Magazine)
5. US State Department requests SOIs for counter-censorship
technologies (Tim McNamara)
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Message: 1
Date: Wed, 5 Jan 2011 08:18:14 +1300
From: Tim McNamara <paperless at timmcnamara.co.nz>
Subject: Re: [open-government] National legal barriers to open data in
Europe
To: Chris Taggart <countculture at gmail.com>
Cc: open-government at lists.okfn.org, jordan at opencontentlawyer.com,
Stefan de Konink <stefan at konink.de>
Message-ID:
<AANLkTin2=J+FYqDo8F88tTjceW_LqTDQWas9G4D4Ndd2 at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
2011/1/4 Chris Taggart <countculture at gmail.com>
> I've been having an email conversation with Stefan de Konink, who runs
> openKvK.nl, a project to provide an API for the Netherlands companies
> register, with the intention that we could incorporate the data into
> OpenCorporates, and so at one stroke add OpenCorporates URLs and
> reconciliation to all the Dutch companies.
>
> Anyway, long story short, a number of issues have arisen which I
> thought might be worth raising in a wider arena. The main one is
> discovering and understanding which other national laws there are
> preventing open data in Europe. In this case, OpenKvk has a licence which Stefan describes thus:
> Since there is also an anti-spam law in place in The Netherlands. The
> license is 'Thy shall not spam using this database' and 'Thy shall not
> abuse the system in such way others cannot use it anymore'.
>
Actually, I see these as compatible restrictions. Just have those two restrictions as part of a general "You may use this service as long as you are not contravening any law" restriction as a term of use of a data retrieval service. The terms of use of the retrieval service (e.g. the API) are independent to the licencing terms of the data itself.
Tim
@timClicks
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Message: 2
Date: Tue, 4 Jan 2011 20:07:56 +0000
From: Chris Taggart <countculture at gmail.com>
Subject: Re: [open-government] National legal barriers to open data in
Europe
To: Tim McNamara <paperless at timmcnamara.co.nz>
Cc: open-government at lists.okfn.org
Message-ID:
<AANLkTi=OXFUbF7ipi-NQfCy90_XMaSthK04CLsbB0q8O at mail.gmail.com>
Content-Type: text/plain; charset="iso-8859-1"
On Tue, Jan 4, 2011 at 7:18 PM, Tim McNamara <paperless at timmcnamara.co.nz>wrote:
> 2011/1/4 Chris Taggart <countculture at gmail.com>
>
> I've been having an email conversation with Stefan de Konink, who runs
>> openKvK.nl, a project to provide an API for the Netherlands companies
>> register, with the intention that we could incorporate the data into
>> OpenCorporates, and so at one stroke add OpenCorporates URLs and
>> reconciliation to all the Dutch companies.
>>
>> Anyway, long story short, a number of issues have arisen which I
>> thought might be worth raising in a wider arena. The main one is
>> discovering and understanding which other national laws there are
>> preventing open data in Europe. In this case, OpenKvk has a licence which Stefan describes thus:
>> Since there is also an anti-spam law in place in The Netherlands. The
>> license is 'Thy shall not spam using this database' and 'Thy shall
>> not abuse the system in such way others cannot use it anymore'.
>>
>
> Actually, I see these as compatible restrictions. Just have those two
> restrictions as part of a general "You may use this service as long as
> you are not contravening any law" restriction as a term of use of a
> data retrieval service. The terms of use of the retrieval service
> (e.g. the API) are independent to the licencing terms of the data itself.
>
>
> Tim
> @timClicks
>
> Well, not really. Stefan is nervous about making addresses public
> without
knowing that the people he makes them available to abide by those same restrictions, fearing he may be liable, thus adding restrictions that are messy and difficult to state clear.
However, my overriding point was that it's not clear which laws apply in any given territory, and it would be useful for the community if there was a resource bringing these together in one place.
Chris
--
-------------------------------------------------------
OpenCorporates :: The Open Database for the Corporate World http://opencorporates.com OpenlyLocal :: Making Local Government More Transparent http://openlylocal.com
Blog: http://countculture.wordpress.com
Twitter: http://twitter.com/CountCulture
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Message: 3
Date: Tue, 4 Jan 2011 14:09:24 -0600
From: Steven Clift <clift at e-democracy.org>
Subject: Re: [open-government] National legal barriers to open data in
Europe
To: Tim McNamara <paperless at timmcnamara.co.nz>
Cc: open-government at lists.okfn.org, jordan at opencontentlawyer.com,
Stefan de Konink <stefan at konink.de>
Message-ID:
<AANLkTi=SCgHQ6gcABPO+7E_BejCbSJZQVjBDyneJwRUR at mail.gmail.com>
Content-Type: text/plain; charset="iso-8859-1"
As I understand it some countries (like Sweden) have the concept of a "public register" that contains legally public information on people but has regulations restricting its reuse.
In the U.S. we do not have that concept except that voter registration files are restricted by most state governments to "political use."
Candidates/parties use that data to target their voter outreach (meaning exclude those who do not vote).
With most other data it is available, so for example a pet grooming shop could go down to city hall and get the names and addresses of recently licensed pets in order to send them marketing material. The National Rifle Association can get a list of hunters with permits, etc. to recruit them.
I call this the information slave trade where government compells you to give certain information for x or y privledge or to exercise a right and then your information enters the commericial market where you are bought and sold without your permission or knowledge.
Open data is great, but when that data is on individual people and privacy/reuse protections aren't established then it can lead to less democracy and freedom.
On Jan 4, 2011 1:18 PM, "Tim McNamara" <paperless at timmcnamara.co.nz> wrote:
> 2011/1/4 Chris Taggart <countculture at gmail.com>
>
>> I've been having an email conversation with Stefan de Konink, who
>> runs openKvK.nl, a project to provide an API for the Netherlands
>> companies register, with the intention that we could incorporate the
>> data into OpenCorporates, and so at one stroke add OpenCorporates
>> URLs and reconciliation to all the Dutch companies.
>>
>> Anyway, long story short, a number of issues have arisen which I
>> thought might be worth raising in a wider arena. The main one is
>> discovering and understanding which other national laws there are
>> preventing open data in Europe. In this case, OpenKvk has a licence which Stefan describes thus:
>> Since there is also an anti-spam law in place in The Netherlands. The
>> license is 'Thy shall not spam using this database' and 'Thy shall
>> not
abuse
>> the system in such way others cannot use it anymore'.
>>
>
> Actually, I see these as compatible restrictions. Just have those two
> restrictions as part of a general "You may use this service as long as
> you are not contravening any law" restriction as a term of use of a
> data retrieval service. The terms of use of the retrieval service
> (e.g. the
API)
> are independent to the licencing terms of the data itself.
>
>
> Tim
> @timClicks
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Message: 4
Date: Tue, 04 Jan 2011 21:23:55 +0100
From: The Innovation Magazine <innovation-navigator at chello.at>
Subject: Re: [open-government] National legal barriers to open data in
Europe
To: Tim McNamara <paperless at timmcnamara.co.nz>
Cc: open-government at lists.okfn.org, jordan at opencontentlawyer.com,
Stefan de Konink <stefan at konink.de>
Message-ID: <4D2381DB.4090007 at chello.at>
Content-Type: text/plain; charset="utf-8"; Format="flowed"
Dear Tim,
1. The topic addresses a fundamental debate on the legal methodology of the PSI Directive. Two approaches.
2. however, the EU commission did never understand the inherent question and did also include a provision in that regard.
kind regards,
Gerhard
On 04.01.2011 20:18, Tim McNamara wrote:
> 2011/1/4 Chris Taggart <countculture at gmail.com
> <mailto:countculture at gmail.com>>
>
> I've been having an email conversation with Stefan de Konink, who
> runs openKvK.nl, a project to provide an API for the Netherlands
> companies register, with the intention that we could incorporate
> the data into OpenCorporates, and so at one stroke add
> OpenCorporates URLs and reconciliation to all the Dutch companies.
>
> Anyway, long story short, a number of issues have arisen which I
> thought might be worth raising in a wider arena. The main one is
> discovering and understanding which other national laws there are
> preventing open data in Europe. In this case, OpenKvk has a
> licence which Stefan describes thus: Since there is also an
> anti-spam law in place in The Netherlands. The license is 'Thy
> shall not spam using this database' and 'Thy shall not abuse the
> system in such way others cannot use it anymore'.
>
>
> Actually, I see these as compatible restrictions. Just have those two
> restrictions as part of a general "You may use this service as long as
> you are not contravening any law" restriction as a term of use of a
> data retrieval service. The terms of use of the retrieval service
> (e.g. the API) are independent to the licencing terms of the data itself.
>
>
> Tim
> @timClicks
>
>
> _______________________________________________
> open-government mailing list
> open-government at lists.okfn.org
> http://lists.okfn.org/mailman/listinfo/open-government
>
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Message: 5
Date: Wed, 5 Jan 2011 11:59:23 +1300
From: Tim McNamara <paperless at timmcnamara.co.nz>
Subject: [open-government] US State Department requests SOIs for
counter-censorship technologies
To: open-government at lists.okfn.org
Message-ID:
<AANLkTinvnjkH1Kn-ouV80Ex7teU2PPEWGsk0_i85d22g at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
This[1] seems interesting. I think that OKFN could be interested in applying for funds to support the development of some of its technology products.
Some relevant extracts. The last is probably the most relevant:
- *Counter-censorship Technology: *Development and support of web-based
circumvention technology to enable users in closed societies to get around
firewalls and filters in acutely hostile Internet environments. [...]
- *Secure Mobile Communications: *Development of technologies,
techniques, and training to enhance the security of mobile communications.
[...]
- *Digital Safety Training: *Development of a curriculum and training
program to build a network of digital safety instructors to deliver
trainings in multiple languages and regions where digital activists and
civil society organizations are under threat.[...]
- *Building the Technology Capacity of Digital Activists and Civil
Society in Hostile Internet Environments in the Near East*: Training on
and access to communication platforms to share electronic information
securely; training for activists, bloggers, citizen journalists, and civil
society organizations to allow them to safely and anonymously participate in
online forums; and promotion of peer-to-peer data sharing between mobile
devices.
- *Virtual Open Internet Centers: *Establishment of country- or
region-specific centers that follow online dialogue and culture in hostile
Internet environments; identify and archive censored content and creatively
reintroduce content and counter-censorship tools into those online
environments. [...]
- *Internet Public Policy:* Support for projects focused on media law
reform in countries where changing legal and regulatory frameworks for the
Internet have the potential to create acutely hostile Internet environments.
Projects should include coutreach to both civil society and the business
community.
Tim
@timClicks
[1] http://www.state.gov/g/drl/p/127829.htm
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