Resolving Conflicts Arising from the Privatization of Environmental Data (2001)

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WAR AND PEACE AMONG STAKEHOLDERS 68 Similar concerns about confidentiality arose during a recent investigation of the occurrence and magnitude of environmental contaminants, including pharmaceutical contaminants, in selected regions of the United States. USGS researchers are developing a protocol for aggregating the data that permits rigorous scientific analysis while preventing disclosure of personal information. Reconciling conflicting provisions of the Freedom of Information Act with the Privacy Actb and other laws protecting the privacy of individuals is an issue faced by all government agencies dealing with confidential data. Lessons learned. Some environmental problems require collaborations (e.g., between scientists and the general public) that can be formed only with the assurance that privacy will be respected. Under such circumstances it is necessary for scientists to accept less than full and open access to the underlying data. a NRC, 2000, Hormonalty Active Agents in the Environment. National Academy Press, Washington, D.C., 452 pp. b The text of the Privacy Act (5 U.S.C. 552a) can be found at <http:// www.usdoj.gov/04foia/privstat.htm>. INFORMATION SYSTEMS AND PUBLIC-PRIVATE PARTNERSHIPS Environmental information systems are not always created solely for public purposes; many are created with a mixture of public and commercial goals. In such cases, public-private partnerships are commonly established to collect data, create products, or distribute data. A common mechanism for obtaining data through public-private partnerships is the “data buy,” in which a commercial organization builds and deploys an instrument and the government agrees in advance to buy the data. Federal agencies that operate satellites are increasingly looking to data buys to cut costs, reduce financial risks, and comply with legislation prohibiting competition with the private sector. For example, NASA is currently purchasing data on ocean color (see Example 5.12), and has negotiated agreements to purchase data related to land use and land cover, climate variability, and natural hazards from five commercial remote sensing companies.2 NASA is also considering a data purchase 2See NASA's Scientific Data Purchase program, <http://www.crsp.ssc.nasa.gov/>. 

WAR AND PEACE AMONG STAKEHOLDERS 69 for Landsat-8, although previous attempts to privatize Landsat missions have not been successful. 3 One of the most difficult issues to resolve in public-private partnerships is the terms of access to the data. In some cases the needs of both sectors can be met, such as when time sensitivity distinguishes the public sector and commercial markets (see Example 5.12) or when short-term commercial gain is less important than building market share in the long term (see Example 5.13). In other cases the inability to reconcile commercial and noncommercial objectives may prevent new observing systems from being built (see Example 5.14). EXAMPLE 5.12 SEA-VIEWING WIDE FIELD-OF-VIEW SENSOR (SEAWIFS) Variations in the types and quantities of microscopic marine plants cause subtle changes in the color of the oceans. The changes in ocean color can be detected from space and used to study the ocean's role in global change and biogeochemical cycles, as well as to locate areas where fish are likely to be. The SeaWiFS instrument was launched in 1997 to meet both these scientific and commercial objectives.a Designed in partnership between NASA and Orbital Sciences Corp., the SeaWiFS instrument was built to scientific specifications. Orbital Sciences purchased and launched the instrument; NASA calibrated and validated the instrument and agreed to purchase data for five years. Under the terms of the data distribution policy, Orbital Sciences sells SeaWiFS data to the commercial fishing and shipping industries within 14 days of collection, then NASA obtains the rights to use the data for research purposes.b Five years after collection the NASA-acquired data can be used without restriction. From the point of view of NASA researchers this joint venture has proven to be a great success.c The instrument is producing science- quality data, which become even more valuable scientifically as new data are collected and combined with other types of information. On the other hand, the commercial value of the data becomes negligible after the two- week proprietary period. Nonetheless, Orbital Sciences has apparently had some success in developing a fish-finding business, although it is not clear whether it will be able to recover all its costs within the five years of the guaranteed data buy.d Another important, although less tangible, benefit was that Orbital Sciences has established its credibility in the 3Will the U.S. bring down the curtain on Landsat? Science, v. 288, p. 2309– 2311, 2000. 

WAR AND PEACE AMONG STAKEHOLDERS 70 commercial remote-sensing industry. Orbital's satellite business now generates about $250 million a year.e Lessons learned. Scientific and commercial objectives can be met by multi-purpose observing systems when timeliness of data access distinguishes the scientific and commercial markets. Negotiating a data policy early in the process, with participation from all the stakeholders, is essential. a <http://seawifs.gsfc.nasa.gov/SEAWIFS/BACKGROUND/ SEAWIFS_970_BROCHURE.html>. b A limited number of real-time licenses are also available for (1) field experiments requiring data for ship positioning; (2) operational demonstrations to prove feasibility and usefulness; and (3) assessment of calibration, validation, and instrument performance by NASA. c C.R.McClain, M.L.Cleave, G.C.Feidman, W.W.Gregg, S.B.Hooker, and N.Kuring, 1998, Science quality SeaWiFS data for global biosphere research. Sea Technology, v. 39, p. 10–14. d Briefing to a National Research Council workshop on remote sensing and basic research: the changing environment, by E.Nicastri, EdN Consulting, on March 28, 2001. e Orbital Sciences reaffirms commitment to satellites. The Washington Post, p. E3, March 19, 2001. EXAMPLE 5.13 TERRASERVER TerraServer is one of the world's largest online databases, providing free public access to maps and aerial photographs from the USGS, as well as images from the Russian intelligence satellites SPIN-2, at 1- to 10- m resolution.a A partnership of Microsoft Corporation, USGS, Russian Sovinformsputnik Interbranch Association, and other organizations, TerraServer enables users to obtain a specific 1- to 4-m-resolution image to order. The system was designed by Microsoft in 1997 as a testbed for developing advanced database technology. Microsoft operates and finances the system, and the USGS supplies digital orthophoto imagery and topographic maps. Microsoft purchased the Russian satellite data. Today, users can access over 20 terabytes of information, using commonly available computer systems and Web browsers over slow- speed communications links. Because the USGS images are in the public domain, they can be used and redistributed without restriction. The Russian data can be purchased at very reasonable prices and sample images can be downloaded at no cost. The TerraServer has been a public success, winning a number of awards, and attracting an average of 45,000 unique users per day. It has 

WAR AND PEACE AMONG STAKEHOLDERS 71 been a success for the partners as well. The USGS is able to take advantage of cutting-edge database and software technologies to expand and improve dissemination of its maps and imagery. Microsoft is able to test its software using real data, gain the recognition associated with sponsoring a public service, and encourage a new generation to use its products. Lessons learned. Because services may be of greater value in the marketplace than the underlying data or products, it may be in a commercial company's long-term interest to provide unrestricted or economical access to products. Their willingness to do so opens new opportunities for federal agencies to fulfill a government mandate of disseminating data to as broad a community as possible. a <http://www.terraserver.com>. EXAMPLE 5.14 SYNTHETIC APERTURE RADAR One of the most exciting remote-sensing technologies is synthetic aperture radar (SAR), which is used to study glaciers and ice sheets and their impact on climate; earthquake, volcano, and landslide hazards; deforestation and other ecological changes; and sea winds and surface currents. Interferometric SAR (InSAR) is used to construct precise maps of surface topography and surface change relevant to these science goals. European, Canadian, and Japanese space agencies have flown SAR missions and are currently planning the second generation of SAR satellites.a All three flight agencies have memoranda of understanding with NASA that restrict the supply of SAR data to U.S. researchers. For example, under the terms of the agreement between NASA and the European Space Agency, only limited amounts of ERS-2 SAR data are available for public purposes.b Most of the collected data are reserved for the spacecraft owners for operational or commercial uses. However, even if more data could be acquired at affordable prices, restrictions on their use would limit their value for scientific research. NASA has been considering launching a SAR mission for several years. Because of the high cost of such a mission and a desire to develop a commercial market for SAR data, Congress directed NASA to report on “actions the agency can undertake to support industry-led efforts to develop an operational synthetic aperture radar capability in the United States, with particular focus on NASA as a data customer.”c NASA has thus actively sought commercial partners. Such attempts have failed