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Subject: Re: Fw: [election-services] Voting Information Project


Here are my thoughts... comments/corrections/additions welcome:

(you can parse this into HTML using Markdown:
http://daringfireball.net/projects/markdown/ .)

----

http://www.josephhall.org/nqb2/index.php/2008/05/28/vipqs

# Questions about the Voting Information Project

Doug Chapin and [Chris Backert][1] pointed me to the new [Voting
Information Project][2] (Chris entitled his post, [*"Just About The
Coolest Thing"*][3]). My initial reaction was much like the title of
Chris' post: it did seem very cool. Not only that, but it's
funded/coordinated by [Google, Inc.][4], [Pew's Center on the
States][5] and the [JEHT Foundation][6]. However, after looking a bit
more deeply into the current content of the site, I'm left with some
serious questions.

### What's the vision?

It's hard to find a coherent vision for the project. They have a
[FAQ][7] and [a longer description][8] of the project, but no mission,
vision or roadmap and no indication of who (as in people, individuals)
are participating (other than the developers listed on [their Google
Code page][9]).

Right now the VIP appears to be a data standard (a markup language
specification), a funding program for states to collect data in this
format and a method of uploading such data to the VIP site. (In the
longer description of the project, they say they'll soon provide data
feeds.)

It would be nice to know what else they have planned. One concern
during an election year is a data collection overload; the VIP
shouldn't develop in a vacuum, which it appears to have over the past
eight months. That is, much of this information is regularly made
available by NGOs. Ballot information can be had at the state and
local level via LWV's [smartvoter][10], for example. The [Verified
Voting Foundation][11] has invested quite a bit of time and effort in
producing a mapping of the types of voting technologies used at the
local level (check out their [Verifier][12] tool). I can understand
how this is a "push" effort rather than a "pull" effort---that is, the
idea is for government entities to start providing this data instead
of NGOs to have to collect it---but a more likely outcome for this
project is that a few states provide feeds in 2008 and then stop
maintaining this information when the attention dissipates.

(NB: The specification doesn't have a name other than the "Voting
Information Project's open format" (or, in various places, "EVP XML"
or "EIP XML"). I'll call it the "VIP XML format".)

### Where's the EML?

The VIP XML format specification document (via [this very ugly
URL][13]), doesn't mention the OASIS' [Election Markup Language][14]
(EML). EML is an international standard markup language for election
data that is currently in the process of becoming an ISO standard. It
would be good if the VIP folks could say why they decided to make
their own standard instead of reusing pieces of the EML standard. I
suspect this is because the EML standard is general to more than just
US elections and that it might not include elements that they need for
their goals. However, it would make sense to see how EML could be
changed to accommodate these needs rather than eschewing it
altogether.

This is an important point: There is no mention on the VIP site that
they're working with voting system vendors. Vendors are planning on
supporting data interchange in EML format and a number of us have made
the case that the new US VVSG standard should *require* vendors to
produce data in EML (see the [text of ACCURATE's VVSG
comments][15]). The VIP project would be much more useful if they also
invested time in XSL transforms that would allow EML interoperability
with the VIP XML format.

### Where are the data entry tools, etc.?

Related to this last point, if the idea is to provide
regularly-updated "feeds" of elections-related information, there
needs to be mechanisms for getting this information out of the tools
that jurisdictions currently use, or providing data-entry "wizards"
that will walk local election officials---where most of this
information will reside---through the process of creating a data feed.

Obviously, data "feeds" are best and most useful when automatically
created rather than manually updated. There isn't any attention on the
VIP site to the integration needed with existing elections information
management tools and election management systems to best support data
publication and dissemination such that the end-to-end connection is
made from tools that contain this information to publication of the
information via the VIP feeds mechanism.

### What will encourage jurisdictions to enter/provide data?

In all seriousness, why would a jurisdiction want to provide this
information? Unless they see a clear benefit from providing the data
and that such provision is made quite easy (and hard to screw up), I
can't imagine many jurisdictions will take the time to do this.

The VIP project seems to think that this is only a problem of initial
costs. To remedy this, they're [offering $20,000 per state][16] to
help with these fixed costs. I'm not convinced that's adequate. It
might make more sense if there was some sort of incentive offered for
providing data, similar to a non-profit equivalent to [Dan Tokaji and
Thad Hall's proposal][17] for providing federal funding contingent
upon completing a detailed election data survey instrument.

I don't think financial incentives are absolutely necessary to get
comprehensive, high-quality data. Instead, election officials need to
see there is some sort of network effect that compels them to provide
data. For example, if there was a social network-component or if,
through using it, they got access to some tools that made their jobs
easier (such as voter-oriented elections information portals).

### What's with the draconian terms?

Being not-quite-a-lawyer, I was really interested to see the VIP
project's [Terms of Service][18]. There are a few interesting, and
possibly troubling, features of this ToS:

* **CC licensed specification:** The specification document is
  licensed under a Creative Commons Attribution-ShareAlike 2.5
  license. It appears that the text of recent Google and Microsoft
  specifications are so licensed but, I'd feel more comfortable with a
  license that recognizes that a specification is more than just text
  (see Creative Common's Mike Linksvayer's post [*"What good is a CC
  licensed specification?"*][19]).

* **Changes could be arbitrary:** For a site that aims to provide data
  feeds, it's a bit troubling that the ToS says anything can happen at
  any time without any notice. Some notion of a commitment to provide
  data that people are relying on would be a good thing.

* **It's a contract:** Unlike most ToSs, it explicitly says that the
  ToS is a "contract" that we, as visitors, enter into by using the
  website. In the world of terms of use, terms of service, etc., it's
  rare to see the word "contract" used; usually ToS writers prefer
  less-specific language. I'm not sure if this is necessarily a
  problem and would be interested if any legal minds out there have an
  opinion on such adhesion contracts on the internet. (I just might
  not be aware of recent developments that advise using the more
  specific "contract" language.)


My point here is that these terms seem somewhat draconian and reflect
the desire of the backers to avoid legal messes and liability. But
will these terms serve their goals of creating a interactive data
community? I'm doubtful. The question of what terms should apply to
"open services" will have to wait for a future article.

### What kind of standard is their spec?

Finally, the big kicker for me: This doesn't appear to be an open
standard. I would call it a disclosed standard or a limited open
standard (after [my paper on source code disclosure in voting
systems][20]... that I'm currently updating for my thesis
publication): Only a few possible constituencies are able to provide
input into the VIP XML standard and it can change arbitrarily at any
point in time. If one of the goals is to support data publication in
an end-to-end manner, it would be best to include users of the data as
well as election management system developers (vendors) in development
of the standard. As it stands now, it appears to be an effort entirely
contained within Google and a set of unidentified state-level election
officials.


[1]: http://blog.electiontechnology.com/
[2]: http://www.votinginfoproject.org/
[3]: http://blog.electiontechnology.com/?p=123
[4]: http://www.google.com/
[5]: http://www.pewcenteronthestates.org/
[6]: http://www.jehtfoundation.org/
[7]: http://www.votinginfoproject.org/index.cfm?objectid=95FDF9E5-1D09-317F-BBADD2A46EC576BA
[8]: http://www.votinginfoproject.org/index.cfm?objectid=960198E5-1D09-317F-BB3EAC4473134BE6
[9]: http://code.google.com/p/election-info-standard/downloads/list
[10]: http://www.smartvoter.org/
[11]: http://verifiedvoting.org/
[12]: http://www.verifiedvoting.org/verifier/
[13]: http://www.votinginfoproject.org/index.cfm?objectid=EE2171E7-1D09-317F-BBDC338FB97201CE
[14]: http://www.oasis-open.org/committees/tc_home.php?wg_abbrev=election
[15]: http://accurate-voting.org/2008/05/05/accurate-vvsg2-comments/
[16]: http://www.votinginfoproject.org/index.cfm?objectid=EE7D0E83-1D09-317F-BB78158ADFC5626E
[17]: http://moritzlaw.osu.edu/blogs/tokaji/2007/06/money-for-data-funding-oldest-unfunded.html
[18]: http://www.votinginfoproject.org/index.cfm?objectid=9600D288-1D09-317F-BB2F3B368CABDA44
[19]: http://creativecommons.org/weblog/entry/8165
[20]: http://josephhall.org/papers/jhall_evt06.pdf

-- 
Joseph Lorenzo Hall
UC Berkeley School of Information
http://josephhall.org/


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