The Data Sharing Task Force GEO-VIII Plenary Istanbul, Turkey November 2011 GEOSS Data Sharing Action Plan

GEOSS Data Sharing Principles The GEOSS 10-Year Implementation Plan (2005) states: “The societal benefits of Earth observations cannot be achieved without data sharing.” 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.

Implementation Guidelines for the GEOSS Data Sharing Principles (DSP) Accepted by the GEO-VI Plenary, Washington D.C., Nov Promoting implementation of the principle of full and open exchange of data according to GEOSS Data Sharing Principles (DSP). Enabling GEOSS users to reuse and re-disseminate shared data, metadata and products. Ensuring consistency in the implementation of the GEOSS DSP with relevant international instruments and national policies and legislation. Implementing pricing policies consistent with GEOSS DSP. Reducing time delays for making data available through GEOSS. Promoting 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 full and open exchange and on the Implementation Guidelines Notes that the achievement of full and open exchange of, and access to, key datasets will require actions by: –GEO collectively –Members and Participating Organizations individually –GEOSS tasks and cross-cutting activities

GEO Collectively Actions 1, 2, 3 and 4 GEO Members Actions 5 and 6 GEO Members and PO Actions 7 and 8 GEOSS Data Sharing Action Plan for the Implementation of the GEOSS DSP Specifies 8 actions to be pursued by: Including: Creating Data-CORE; Supporting the GCI Including: Taking Leadership Including: Maximising Contributions

Commit(ed GEO Members) to: (i)maximize the number of documented datasets made available on the basis of full & open access; (ii)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 (iii)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; The 2010 GEO Ministerial Declaration

GEOSS Data Sharing Task Force The GEO-VII Plenary extended the mandate of the current Data Sharing Task Force by 1 year. The DSTF was then tasked by the Executive Committee to: –promote and collate contributions to the Data-CORE to achieve demonstrable progress by GEO-VIII Plenary; –identify existing licence options that are consistent with the GEOSS Data-CORE requirements; –focus secondarily on other issues, (e.g. legal liability, user registration, Intellectual Property Rights, Data Quality) as set out in the GEOSS Data Sharing Action Plan in order to make recommendations to the GEO Plenary.

Populating and Maintaining the GEOSS Data-CORE DSTF correspondence sent by the GEO Secretariat to GEO Principals inviting them to: –Confirm contributions announced at GEO VII; –Extend entries in the list of GEOSS Data-CORE; –Ensure inclusion in the GEOSS Data-CORE before the GEO-VIII Plenary for those who missed the opportunity in Beijing; –Identify a technical point of contact for each dataset or data service The DSTF worked in close collaboration with other parties (ADC, StP, AIP4, GCI-CP) with the aim of populating the GEOSS Data-CORE and making the contributions visible. slide 8

Populating and Maintaining the GEOSS Data-CORE Contributions to the GEOSS Data-CORE have been made by: GEO Members Brazil; EC; France; Germany; Italy; Japan; The Netherlands; Spain; US; UK. Participating Organisations ECMWF; EEA; ESA; EUMETSAT; GBIF; ICSU; ISCGM; OneGeology-Europe. And there are currently GEOSS Data-CORE entries visible through the GCI. slide 9

More than 8000 GEOSS Data-CORE entries (Nov. 2011) GEOSS Data CORE label

Role of the GCI in the GEOSS Data-CORE The Data Sharing Action Plan recognises the GCI as the primary tool for supporting the implementation of the GEOSS Data Sharing Principles and GEOSS Data-CORE. Users of the GEOSS are already able to search the GCI to find data or services that: –are useful for a particular application, theme, or SBA; –are contributions to the GEOSS Data-CORE. Next step will be to identify also datasets that align with the DSP of “full and open exchange”. slide 11

Licenses, Copyright Provisions and Other Issues for the implementation of the GEOSS Data-CORE The DSTF Created two teams* to advise on the following: 1.“Legal Interoperability”: Supporting the GEOSS Data Sharing Principles through IPR, Licensing and other Frameworks; Who prepared: Legal Options for the Exchange of Data through the GEOSS Data-CORE Summary White Paper and Draft White Paper 2.“Legal Liability”: Managing potential liability of GEO members or participating organizations that provide datasets to the GEOSS Data-CORE. Who prepared: Liability Issues in the GEOSS * The information contained in this document does not constitute legal representation by the GEO Data Sharing Task Force (DSTF).

Legal Options for the Exchange of Data through the GEOSS Data-CORE Summary White Paper – Key Findings 1 Legal interoperability of data made available through the GEOSS Data-CORE is essential for the effective sharing of data in GEOSS. 2 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.

Legal Options for the Exchange of Data through the GEOSS Data-CORE Summary White Paper – Key Findings 3The endorsement by the GEO Plenary 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 for the 2011 GEO Plenary 1.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 for the 2011 GEO Plenary 2.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 consider adopting a common-use data license with the following 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 for the 2011 GEO Plenary 3.Based on these characteristics, the GEO Members and Participating Organizations should 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 for the 2011 GEO Plenary 4.Custom licenses that have the same terms and conditions as the characteristics listed in recommendation 2 above 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 for the 2011 GEO Plenary 1.Conditions of Use: GEO should: (a) consider posting explicit and comprehensive conditions of use on its GCI website; and (b) engage competent legal counsel to construct and advise it on the explicit language to use.

Liability Issues in the GEOSS Recommendations for the 2011 GEO Plenary 2.Online Agreements: GEO should: (a) consider requiring 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. 3.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.

Looking Ahead The current Task Force recommends that there be an overarching Task in the GEO Work Plan to: –focus on advocacy for broad support of data sharing principles; –monitor and report progress across the broader GEO community. And that this task be led by a Working Group, reporting to Plenary, the members of this WG being nominated by GEO Members and POs. Development should continue on the GCI to provide the architectural framework essential to implementing the Data Sharing Principles and the GEOSS Data-CORE. slide 22