The GEOSS Data Sharing Principles and Action Plan: The growing trend towards the full & open sharing of Earth observation data

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The GEOSS Data Sharing Principles and Action Plan: The growing trend towards the full & open sharing of Earth observation data Alan Edwards European Commission & GEOSS Data Sharing Working Group Co-Chair WMO, Geneva, Switzerland 13 July 2012

GEO GEO is a voluntary intergovernmental organisation. As of June 2012, GEO s Membership includes 88 Governments and the European Commission. In addition, 64 intergovernmental, international, and regional organizations with a mandate in Earth observation or related issues have been recognized as Participating Organizations. US State Department, Washington D.C., 2003

So what s best? A Voluntary or Treaty Based Approach And my response is YOU NEED BOTH!

A Global, Coordinated, Comprehensive & Sustained Global Earth Observation System of Systems (GEOSS)

The GEOSS 10-Year Implementation Plan The GEOSS 10-Year Implementation Plan, which is ENDORSED by all GEO Members, states: The societal benefits of Earth observations cannot be achieved without data sharing and then goes on to set out the GEOSS Data Sharing Principles

GEOSS Data Sharing Principles There will be full and open exchange of data, metadata and products shared within GEOSS, recognizing relevant international instruments and national policies and legislation. All shared data, metadata and products will be made available with minimum time delay and at minimum cost. All shared data, metadata and products being free of charge or no more than cost of reproduction will be encouraged for research and education.

Please note: There is NO GEOSS Data Policy The GEOSS Data Sharing Implementation Guidelines confirm: GEO welcomes all data contributions into the GEOSS. When registering data in GEOSS, the contributor should present any restrictions arising from relevant international instruments and national policies and legislation, and the duration of each restriction, that is applicable to the exchange of the data, metadata, and products submitted.

So what s best? Principles or Policies And my response is YOU NEED BOTH!

Implementation Guidelines for the GEOSS Data Sharing Principles (DSP) Accepted by the GEO-VI Plenary, Washington D.C., Nov. 2009 Promote the implementation of the principle of full and open exchange of data according to GEOSS Data Sharing Principles (DSP). Enable GEOSS users to reuse and re-disseminate shared data, metadata and products. Ensure consistency in the implementation of the GEOSS DSP with relevant international instruments and national policies and legislation. Implement pricing policies consistent with GEOSS DSP. Reduce time delays for making data available through GEOSS. Promote research & education uses of GEOSS data, metadata and products.

GEOSS Data Sharing Action Plan for the Implementation of the GEOSS DSP Builds upon the crucial concept of the full and open exchange and on the Implementation Guidelines accepted by Plenary Notes that the achievement of full and open exchange of, and access to, key datasets requires actions by: GEO collectively Members and Participating Organizations individually GEOSS tasks and cross-cutting activities

GEOSS Data Sharing Action Plan for the Implementation of the GEOSS DSP Specifies 8 actions to be pursued by:

Proposed Data Sharing Action 2, 3 & 4 2. Establish a Task Force (Working Group) to: Monitor the use and impact of resources made available with full and open access; Promote the efficacy of the Data Sharing Principles in delivering societal benefits; Evaluate the outcomes of this Action Plan. 3. Maintain the GEOSS Common Infrastructure as the architectural framework essential to implementing the Data Sharing Principles 4. Integrate implementation of the Data Sharing Principles, as appropriate, into the activities of GEO Work Plan Tasks and GEO Committees

Proposed Data Sharing Actions 5 and 6 5. Take leadership to establish national coordinating mechanisms to promote and monitor engagement with the implementation of the GEOSS Data Sharing Principles and provide feedback to GEO 6. Develop flexible policy frameworks to ensure that a more open data environment is implemented

Proposed Data Sharing Action 7 & 8 7. Maximize the number of documented datasets made available on the basis of full and open access 8. Promote with data providers within their territories the benefits of full and open access to data

GEOSS Data Sharing Action Plan The 2010 GEO-VII Plenary adopted this Action Plan for the Implementation of the GEOSS Data Sharing Principles

The 2010 GEO Ministerial Declaration (i) (ii) (iii) Commit(ed GEO Members) to: maximize the number of documented datasets made available on the basis of full & open access; create the GEOSS Data Collection of Open Resources for Everyone (GEOSS Data CORE), a distributed pool of documented datasets with full, open and unrestricted access at no more than the cost of reproduction and distribution; and develop flexible national and international policy frameworks to ensure that a more open data environment is implemented, thus putting into practice actions for the implementation of the GEOSS Data Sharing Principles;

Proposed Data Sharing Action 1 Create the GEOSS Data Collection of Open Resources for Everyone (GEOSS Data-CORE) to address GEO Societal Benefit Areas The GEOSS Data-CORE is a distributed pool of documented datasets, contributed by the GEO community on the basis of full and open unrestricted access and at no more than the cost of reproduction and distribution * It should be noted that data accessible in the GEOSS Data-CORE is a subset of all data registered in the GEOSS

The GEOSS Data-CORE full access means that all the data in the GEOSS Data- CORE can be accessed, used, and redistributed; open access means that data providers may charge at most the cost of reproduction and distribution of the data, although it is expected that in most cases the data in the GEOSS Data-CORE will be made available at no cost; unrestricted access means that no restrictions are placed on the access to, or use and redistribution of, the data in the GEOSS Data-CORE.

The GEOSS Data-CORE It should be noted that the following conditions may be placed on data registered in the GEOSS Data-CORE by data providers, but are not required: (i) Attribution; (ii) User registration; (iii) Marginal cost recovery is permitted, (i.e., not greater than the cost of reproduction and distribution). These are not considered as representing restrictions on the access to, or use and redistribution of, the data.

The GEOSS Data-CORE Legal Interoperability Legal interoperability for data means that the legal rights, terms, and conditions of databases from two or more sources are compatible and the data may be combined by any user without compromising the legal rights of any of the data sources used. Achieving the legal interoperability of data made available through the GEOSS Data-CORE is essential for the effective sharing of data in GEOSS.

Legal Options for the Exchange of Data through the GEOSS Data-CORE Summary White Paper Key Findings Achieving the legal interoperability of data made available through the GEOSS Data-CORE is essential for the effective sharing of data in GEOSS. Public domain status is the best legal option for promoting the various social benefits and goals intended by GEO through the GEOSS Data-CORE by enabling the unrestricted re-use, re-dissemination, and legal interoperability of data. http://wiki.ieee-earth.org/documents/dstf_legal_interoperability_whitepaper

Legal Options for the Exchange of Data through the GEOSS Data-CORE Summary White Paper Key Findings The endorsement of either standard, accepted waivers or licenses, or other customized common-use licenses that meet all of the GEOSS Data-CORE conditions of access and unrestricted re-use of data, would help ensure certainty and legal interoperability of the data, and thus support the important GEO societal benefit goals. Common-use licenses and waivers would also help to promote the contribution of databases through the GEOSS Data-CORE, because most jurisdictions do not have public domain status created by statute for the data compilations relevant to GEOSS.

Legal Options for the Exchange of Data through the GEOSS Data-CORE Recommendations Accepted by GEO-VIII (2011) The GEOSS Data-CORE s terms and conditions can best be achieved through any of the following mechanisms: statutory public domain; a private-law waiver of rights; or a common-use license.

Legal Options for the Exchange of Data through the GEOSS Data-CORE Recommendations Accepted by GEO-VIII (2011) If the database is not in the public domain as a result of a statutory or private-law waiver of rights, or by the expiration of the term of protection of any rights, GEO should adopt a common-use data license.

Legal Options for the Exchange of Data through the GEOSS Data-CORE Recommendations Accepted by GEO-VIII (2011) These common-use data license should have the follow characteristics: a. The license must be compatible with the GEOSS Data-CORE principles; b. The license should be valid under as many jurisdictions as possible. c. The license should be clear and simple. d. The license should be easy to recognize and find. e. The license should be embedded as machine readable metadata. f. The license should be available in different languages. g. The license may have any other terms & conditions, that do not restrict the user or conflict with any of the T&C summarized in a-f above. h. Finally, the data and the applicable license must be kept under the legal control of the data providers, and not GEO or GEOSS.

Legal Options for the Exchange of Data through the GEOSS Data-CORE Recommendations Accepted by GEO-VIII (2011) Based on these characteristics, GEO Members and Participating Organizations should (voluntarily) consider adopting one of the following existing private-law waivers or standard common-use licenses: Creative Commons Public Domain Mark Creative Commons Public Domain Dedication (CC0) Open Data Commons Public Domain Dedication & License Creative Commons Attribution License (CC BY 3.0) Open Data Commons Attribution License (ODC BY 1.0)

Legal Options for the Exchange of Data through the GEOSS Data-CORE Recommendations Accepted by GEO-VIII (2011) Custom licenses that have the same terms and conditions as the characteristics previously listed can also be used to provide data through the GEOSS Data-CORE, although such custom licenses will not be vetted and approved by the GEO Members in advance.

Liability Issues in the GEOSS If decisions are made based on use of an exchange or communication system such as the GEOSS Common Infrastructure, which is developed and maintained for use by others, there will always be liability exposure. Reducing liability exposure for creators and contributors to such a system and minimizing losses for users of such an information system or infrastructure is achieved primarily through performing competent work and keeping all parties informed of their obligations.

Liability Issues in the GEOSS Recommendations Accepted by GEO-VIII (2011) Online Agreements: GEO should: (a) require the clicking of one or more online agreements by those contributing information and comments to its websites and (b) engage competent legal counsel to construct and advise it on the explicit language to use.

Liability Issues in the GEOSS Recommendations Accepted by GEO-VIII (2011) Business Practices: GEO should strive to ensure that: (a) appropriate and comprehensive quality control checks including beta testing are being made and documented prior to technical deployment of infrastructure components; (b) accurate records are being kept in logging code changes to the GEOSS Common Infrastructure and; (c) accurate records are being kept in logging contributions to the GEOSS Common Infrastructure.

Summary GEO is working very actively to promote the benefits of full and open access to data and to maximize the number of documented datasets made available on the basis of full and open access. The GEOSS Data Sharing Working Group is currently focussing its work in support of the Action Plan on: Implementing & populating the GEOSS Data-CORE; Considering licenses for use with data that has restrictions attached to its use; Developing guidelines for documenting data contributed to the GEOSS and addressing issues related to data quality. slide 31