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Town Fights FOI Request for GIS Data and Images

dweyerma writes "The state's highest court will now decide a landmark public records case involving access to aerial reconnaissance photographs and maps of Greenwich, CT. The town maintains the images in a tightly kept database known as a geographic information system, which a judge declared to be public records last December. The Connecticut Supreme Court announced Monday that it will hear the town's appeal of that ruling, expediting the case by leap-frogging the state Appellate Court. The move virtually coincides with the third anniversary of the initial complaint in the case, which Greenwich resident and computer consultant Stephen Whitaker filed with the state Freedom Information Commission after the town denied his request for an electronic copy of the entire database for security and privacy reasons."

16 of 243 comments (clear)

  1. Maps want to be free! by PhotoGuy · · Score: 4, Interesting
    Well, sort of.

    It's always been a thorn in my side, that (here in Canada, and no doubt elswhere) tax money pays for government agencies to collect map and aerial photography data (and land records), and do not make it properly accessible to the public.

    Prior to the internet, you could buy the maps and aerial photographs for a fee, which was a bit high, I always thought, but reasonable considering the trouble and costs associated with the physical reproduction of the media.

    Now in this age of the Internet and blank DVD's priced well under $1 (even our lame Cdn $), providing that "public data" far more cheaply (and allowing copying) should be allowed.

    Instead the fees for getting large sets of map data are exorbitant. I just hope that more competitive privatized satellite photography concerns can provide a lot of this, far more economically.

    This is especially annoying, since here in Canada, we are taxed quite heavily; if you make more than $50K Cdn [30K+-ish US], your incremental tax rate is something like 50c on the dollar. Plus in some provinces, you pay 15% GST on everything you purchase; booze and gas have taxes that are astronomical (more than 100%, I believe). (Not that we Canadians drink a lot, *cough* *cough*.)

    In many cases, those tax dollars are put to great use, incredible and accessible health care (as much as we like to bitch about it, it's great), generally excellent and free highways (toll roads are fairly rare in Canada), and so forth. Granted, those are more critical than map data, but I still hope we come around on the mapping issue some day.

    --
    Love many, trust a few, do harm to none.
    1. Re:Maps want to be free! by Qzukk · · Score: 2, Interesting

      available to myself as a citizen...I'm not sure that I have a need to see it.

      GIS data is useful for a lot of things. Aside from navigational systems (turn left at the next light) we use it at our company to tell people how many offices are in X miles of their house. "We" being a tax-paying company consisting of tax-paying citizens, who currently have to buy the databases and their updates.

      Now a larger question is what happens when private resources (this aerial photography company that they're looking to lease from) gets used without purchase, then its unclear if the citizens derive any "ownership" of this data (especially if the contract says no, though it could become a question of whether the government could legally enter into a contract that deprives the citizenship the benefits of their tax dollars)

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    2. Re:Maps want to be free! by NatHoward · · Score: 5, Interesting
      I thought this was mostly a very helpful comment, but I wish to cast some rhetorical light on one aspect of this question.

      The poster says:

      In general, a private citizen wouldn't have much need for the information so releasing to the public would essentially benefit a very small set of people/companies.

      and

      I'm not sure that I have a need to see it.

      I would like to suggest that, while it's a legitimate philosophical question to ask, the question of whether a citizen "needs" some government information should not factor importantly into the evualuation of whether a law is good in a free society.

      The problem is that a citizen's needs are a very poor index of what he should be allowed to do or to have. For example, I don't "need" a swimming pool, but I have one. If "need" were a criterion, almost nobody would have a pool, an SUV, eat out at restaurants, vote, be able to print a newspaper, be able to buy a newspaper, send their kid to private school, or, for that matter, read slashdot.

      Our actions would be even more circumscribed if a self-interested government got to define the word "need".

      It's clear to me, btw, that the original poster wasn't talking about "need" in this way, exactly. I just wanted to make sure that the notion of "need", once introduced, wasn't used without reflection -- that is, without my 2 cents being added in!

      Now, how do I feel about whether government, having bought this information, should be compelled to disgorge this information? Why, yes! Government supposedly exists partly to internalize externalities of exactly this sort. If government doesn't wish to become the source for that information, perhaps it should contract with private parties for appropriate summaries, rather than the complete geographic database. Alternatively, a wise government might well conclude that its citizens, are, on balance, better off if they all have at least the potential ("need" or not!) to have this information for a nominal price....

    3. Re:Maps want to be free! by mrgriscom · · Score: 3, Interesting

      The complication and aggravation of acquiring data like this on a town-by-town or county-by-county basis would be rendered moot if the state of Connecticut finally got its act together and instituted some sort of decent aerial imagery program.

      All neighboring states have sort some of program in place; most are very good. New York has a recurring high-res orthoimagery program. Massachusetts recently produced a high-res, state-wide dataset. Even Rhode Island has one, I think.

      But in Connecticut, we're forced to forage for scraps of incomplete or old data, or fight endlessly with paranoid towns like Greenwich. A centralized state-wide program for the acquisition and distribution of high-quality, current aerial imagery would not only be beneficial (and greatly appreciated), but as demonstrated by our neighbors, very feasible too.

    4. Re:Maps want to be free! by Jim_Maryland · · Score: 2, Interesting

      A related example...

      The state parks in Maryland receive funding to operate. Most of these parks (maybe all, but I haven't been to all of them) also charge a small fee to offset the operational cost of using them. The park can be used by everyone, and everyone's taxes do help support the parks, but those who actually use the park pay more than just the taxes to help it run. Why should someone who doesn't use the park at all pay all the cost?

      The same applies for the data collected. Everyone does get the advantages of the data (911 systems, planning, tax collection, street maintenance, etc...) and often online interactive mapping programs allow access to data. If someone wants to use the data for profit though, can't they help offset the cost of the data and save the tax payers some money?

    5. Re:Maps want to be free! by rthille · · Score: 2, Interesting

      Why should someone who doesn't use the park at all pay all the cost?

      Well, this may not be 'the' reason, but a reason is that because of those parks, more people will want to live there and property values will go up. So, those parks give everyone a benefit, not just those who use them.

      --
      Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
  2. Well, in Australia... by ivi · · Score: 2, Interesting


    First, we pay public servants to CREATE data,
    then we have to pay them to USE it!

    USA seemed to be better at this than we are.

  3. Re:It should be available - no general answer. by anon+mouse-cow-aard · · Score: 4, Interesting
    You sure about that logic? some other data collection paid for by public money:
    • Social insurance databases
    • Driver's license db's
    • all police investigations, regardless of whether charges are laid.
    • medicare payment treatment and payment records
    • nuclear missile plans.
    • the approved architectural plans for that nice, bombable Hoover Dam.
    • tax records of all sorts
    • how the governement recognises you, as opposed to someone pretending to be you, and gives you access to your own information...
    • military supply orders and troop movements.

      Basing the argument on the government having paid for the collection is a iffy at best. The basis should rather be based on maximizing the public good,which is, in the general case, harder to figure out. One has to weigh: privacy concerns vs. defence (against Terrorists domestic and foreign) vs. public benefit. The answer will come out different depending on what the data is, what technology is in place/reasonable, and how much the organisation is willing to spend to make the information public. How soon to make it public is also going to have a big effect on how much it costs. folks on the internet want information upto the second.

      You have a chemical spill in Seattle. You have a real-time information system for exchange among first responders who are doing their work. It hits the news and their site gets slashdotted. It's a dynamically built site, so caching by google is of no use whatever. The firemen and coast guard can no longer get information from aerial reconnaisance being done by a Canadian survey plane that happenned to be available. So they don't know where in the harbour the spill has gotten to.

      Wall it off? OK, you need a separate network accessible by city, province, state, and many branches of two national governments, as well transportation (railways, airlines) in the area, and any specialized contractors that might be called in. And it has to be setup ahead of time, and managed and funded so that it is up when a crisis happens.

      What is the cost of making that site public? Does the public need to know where there is a chemical spill? Of course they do! Should they get same information the government does on their first responder systems? Would be nice, but if the architecture/technology in place cannot answering that sort of demand, what do you do? Most people would accept as reasonable that you have a first responder system that is only available to a few, then have other systems which are used for public dissemination (aka. press conferences, other web sites, etc...)

  4. Re:What does he want to do with this data? by max+born · · Score: 2, Interesting

    Has he offered to purchase the information, or is he expecting to kick start his business with free information paid for by the city?

    This doesn't seem to be about payment. Read the article again. The town has claimed that the materials' release presented an immediate danger to the community.

  5. Re:What does he want to do with this data? by diaz · · Score: 3, Interesting

    I work for a county that gets lots of requests like this. The county spends a lot of tax dollars to hire consultants to do the flights and correct the data.

    We make the photos available on the web via a GIS application, so anyone can use it for casual purposes.

    Usually when we get a request for the entire collection of photos, it is from a commercial outfit. They are usually NOT located within the county, so they haven't paid any tax dollars directly to the county. If we give this data out, it is a HUGE cost savings to the commercial outfit that would normally have to pay to have a flight done.

    Wouldn't you want your local unit of government to help keep taxes down by raising additional revenues by selling this data?

  6. Re:Maps want to be free! Cdn concern with US$ exch by anon+mouse-cow-aard · · Score: 2, Interesting
    ok... well two years ago, it was worth 66 cents,
    now we are at around 75 US cents. so it has gone up about 18%. thirty years ago, as any beer drinking Canadian (closest analogy to "red-blooded American" I could think of :-) will tell you, the Canadian dollar was as high as $1.10 US. so the national lament goes... personally, it's a load of bull.


    as for making goods cheaper... hmm... if they are natural resources, those are all costed in US$ anyways, makes no difference. if it manufactured goods, then most foreign components are going to be purchased in US$. so won't make much difference
    either.


    xchange rates are just trade friction. when rates change, prices slowly adjust to reflect the new cost structure. There is not really a long term benefit. the argument would make sense if high value items were manufactured directly from Canadian natural resources. I don't think that is too common a case.


    my guess is that costs in Canada are lower because
    there is a public health care system, which controls costs better than the american system, and many other sorts of organizations, like workman's compensation which reduce liabilities, so that insurance costs are lower across the board. The un-employment insurance programs reduce social diparity and unrest, and make the country cheaper to police, again reducing costs. That corporations use the same programs to smooth over low-demand periods by having workers on those programs then, and available when demand picks up.
    So they don't have to spend as much on hiring, since the skilled people remain in the industry through the dips. Again, this reduces costs for industry.

  7. Re:What does he want to do with this data? by base3 · · Score: 2, Interesting

    Government created data can't be copyrighted. Of course, there's a huge loophole--the Federal government, for example, can hold copyright if the copyright is "donated." Of course, the government pays a contractor to create a big database, then asks the contractor to "donate" the database to the government. Not as bad as the UK, though, where the laws are subject to "Crown Copyright."

    --
    One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  8. Re:I'm waiting for the 'Think about the Children' by Simonetta · · Score: 2, Interesting

    in what the Russians considered a broken promise to open a second front as soon as possible. ...As soon as possible from the British-American prescective was as soon as the Germans and Soviet Russians had finished killing off as many of each other as possible.

    The whole point of the second world war was to remove possible competition from Anglo-Saxon hegemony over the British Empire. To the extent that the Germans and Russians destroyed each other while Americans watched (until early 1942), that strategy worked. After the war, the British Empire fell apart as each part of it became more technologically advanced.
    The cold war was a means of driving the Soviet Union into bankruptcy, which eventually worked. The fact that the Soviets were the most brutal and repressive government in the world, with 10,000,000 randomly-selected people in slave-labor gulag concentration camps, didn't help their cause either.

  9. A partially censored release... by RomSteady · · Score: 2, Interesting

    I work for Layton City in Utah, and we are preparing to release an interactive GIS database viewer client sometime in the next month.

    The hardest part has been determining what data should be available to the public. Release of some of the data is controlled under a Utah state law called GRAMA, which stands for the Government Records Access and Management Act. It tells us what information about our citizens we are able to release, and why. Property ownership information, detailed floorplans, etc., could all be considered protected under GRAMA if read correctly.

    To start with, we're going to be releasing a limited version of our "center line" file. The "center line" file is essentially a file of imaginary lines running down the center of a map. That file has addressing information, so we can use it for address location and pathfinding, but the full version of the file also includes police patrol areas, emergency response information, and lots of other easily abused information as associated metadata with each polyline.

    One other issue here is space. Layton is a relatively small town, bound to the north and south by cities, to the east by a mountain, and to the west by the Great Salt Lake and another city. Even with that, our full GIS database (if exported to shape files) is several hundred gigabytes.

    --
    RomSteady - I came, I saw, I tested. GamerTag: RomSteady / http://www.romsteady.net
    1. Re:A partially censored release... by winwar · · Score: 2, Interesting

      "The capacity for abuse is virtually unlimited if the wrong individuals have access to the wrong types of information."

      Ah, yes. But that is the whole point of the argument, now isn't it? Of course, I also think it is kind of like asking you when you stopped beating your wife-it is a loaded question. If the information is private or truly safety related, I can understand not releasing it.

      I would rather too much information be released than too little because people with ill intent will already have access to the information. All too often government claims releasing information will cause harm merely to prevent release of information-as in this case.

      "The government already has a lot of information about you and me. I personally dont want all the personal data they have about me published for the public to see. To be honest, I want as little of that information as possible known to anyone."

      Unfortunately, it's a bit late. I would like to know what info they have about me. Private companies probably have far more information about me than the government (and can collect more-why do you think many databases are run by private companies FOR the government?).

  10. I live near there, and it gets worse... by nusratt · · Score: 2, Interesting

    Last week I called our town's Health Dep't. to ask to see records of permits for water-wells and septic-systems on 14 properties from the last 3 years.
    At first they tried to brush me off by saying I needed to file an FOIA request.
    In this case it wasn't security, merely civil-service laziness.