Sign up for the daily CJR newsletter.
It was 1991, in the early days of the Internet. Carl Malamud was thirty-two years old, and deeply embedded in a community of computer engineers and visionaries shaping the worldâs nascent online architecture as it was being built atop phone lines and in parallel with other global networks.
Many of the technical standards governing those telecommunication systems were laid out in a 20,000-page document known as the Blue Book, covering such communications basics as modems, faxes, and packet switching. The standards were maintained and shepherded by the International Telecommunication Union, a Geneva-based intergovernmental agency. If you were an American engineer, student, inventor, or amateur who wanted a copy, you could buy it for about a dollar a page.
To Malamud and many others, this highly unsatisfactory state of affairs represented a real barrier to innovation and transparency. So Malamud told Tony Rutkowski, a sympathetic ITU official, that he was prepared to scan the Blue Book and put it online, freely accessible to all by anonymous FTP. It was a threat to commit âstandards terrorism,â as Malamud later put it; faced with it, the ITU agreed to hand over the standards on nine-track magnetic tape to Malamud for a three-month free download trial.
Soon, the National Science Foundation, whose network was then the backbone of much of the Internetâs traffic, complained to Malamud that Blue Book downloads from his server and its mirrors were stressing NSF bandwidth. Given this flood of requests, the ITUâs head, under internal pressure, sent Malamud a letter asking him to take the standards down.
âIt was pro-forma, and everybody knew it,â remembers Rutkowski. âThe site had been replicated in a dozen places all over the world and it had been copied thousands of times.â Once free, there was no stopping the data.
âIt just convinced me of two things,â Malamud says, looking back. âOne, the power of open standards and why thatâs so important to society, but also the power of putting large document archives online. Aggressively.â
And so, on and off for the last eighteen years, Malamud has been involved in or led a spate of impish efforts to pry public domain informationâlike building codes, law books, and court recordsâout of hidebound government entities. Now, via a Web-focused viral campaign, heâs unabashedly asking President Obama to make him the nationâs twenty-sixth Public Printer and put him in charge of one such very large government entity, the Government Printing Office.
The campaign, such as it is, is centered around Malamudâs lovingly named YesWeScan.org, where he lays out his platform and collects endorsements. At first blush it doesnât look so different from any political campaign site, except that, in the end, itâs targeted at a single voter. âThe best I can do is make my case,â says Malamud. âThis is up to a fickle selectorate, if you will.â
âI have never in my life been asked to endorse a candidate for appointed office,â says OMB Watch executive director Gary Bass, a longtime fixture in Washingtonâs transparency and good government communities, who is supporting Malamudâs effort. âThatâs not the way itâs usually done.â
But who said Malamud was very concerned about the way things are usually done? In 1993, in an early domestic example of what The Atlanticâs James Fallows once described as his âguerrilla/jiujitsu approach,â Malamud was part of a team that coaxed vital data out of the Securities and Exchange Commission. The group then hosted the information on its own computer, upon which thousands of usersâregulators, financiers, investorsâcame to depend.
And then the team put a notice on the portal, warning that the siteâand visitorsâ easy, free, access to dataâwould disappear in sixty days. Users were invited to click to learn more about the situation, and to contact the SEC.
âAnd people clicked,â says Malamud. The SEC brought the system under its wing. The database, known as EDGAR, runs to this day, and remains one of the most user-friendly online government databases.
In just the last two years, Malamud, as the sole staffer of Public.Resource.Org, a 501c3 nonprofit based in Sebastopol, California, has posted over 80 million pages of legal documents on his Web site, many of them federal appeals court decisions. Heâs also freed from private control the only remaining copy of a massive Navy-created database of legal decisions, placed building codes from all fifty states online, and convinced the Oregon legislature to cease claiming copyright over the stateâs laws. Itâs all been done by pointing out that documents created at public expense are, under U.S. law, considered the property of the public.
âUltimately my goal has always been policy change, and thatâs something that some people donât get. They think that this is all about shaming the government, and itâs not,â says Malamud. âWanting to run GPO is the ultimate in policy change, because then Iâm not telling GPO how to do it right, Iâve actually got the ability to do it right.â
You may never have heard of it, but the GPO does a lot. They administer the Federal Depository Library Program, manufacture the nationâs passports, host a slew of online databases, and run a 1.5 million square foot plant in downtown Washington that prints the Congressional Record and the Federal Register, among other documents.
Malamud wants it to do more. He has a broad agenda for the GPO, which he briefly lays out in a seven point platform on YesWeScan.org. (Points three and five are both âJobs,â perhaps in a concession to the times.) His position papersârepurposed from earlier submissions to the Obama transition teamâlay out an agenda spanning the ambitious and the obvious. Why not create an art-book quality âLibrary of the U.S.A.â whose writers, editors, and printers could count towards the administrationâs job creation promises? What if the GPO enabled streaming video for all agency hearing rooms? Why not post 55,000 government produced (and therefore copyright free) archival films and photographs in the next year? What if the full collections of the National Archives were digitized? Why not design a more user-friendly online Federal Register, one thatâs linkable, easier to read, and cross-referenced with hyperlinks? Why not make the GPO a leader and a nexus in efforts to make bulk data widely available?
While Malamud has plans for the agency, heâs neither a former congressional staffer, major political donor, or presidential buddy, nor has he held a senior government position. So how does Malamud think he might get the appointment?
Malamud points to another government outsider. Enter Augustus E. Giegengack, Franklin Rooseveltâs colorful Public Printer.
The New Yorker described Giegengack, in a magnificent three-part 1943 profile by Geoffrey Hellman, as âa connoisseur of girls, beer, and anecdote.â He worked in or managed a series of newspaper and commercial printing plants before finding himself in Europe as an army sergeant in the First World War, where he won the job of running Stars and Stripesâs Paris-based press. Fifteen years later, at the dawn of a new administration, he waged a successful campaign to become Public Printer.
The YesWeScan.org website sets Carl as Gus 2.0, if you will, down to balancing Malamudâs Shepard Fairey-style âSCANâ poster with a charcoal cartoon portrait cribbed from Gusâs New Yorker profile. And Malamud is relying on Giegengackâs by-the-bootstraps tale to power his way into the GPO. Hereâs how he told the story in an online interview, shortly after launching his campaign:
He was what you would call a regular apron man. A real working printer. Blue collar. When FDR was elected, Augustus was a New York resident and he was really inspired and he wanted to become Public Printer of the United States. But he didnât know FDR. So he went and spoke at a couple of Rotary clubs and asked everybody to send him endorsements and they all sent him these letters of endorsements, and he bound them up and sent them to FDR. He knew a guy who worked in the White House who knew somebody who knew somebody, and they sent it in. And FDR looked over the book and said, âWell, this is our man.â
What Malamudâs retelling neglects to mention is that the guy who took the bound letters, the guy âwho knew somebody who knew somebody,â was James Farley, FDRâs campaign manager; after the 1932 election, the president installed him as Postmaster General and chair of the Democratic National Committee. Giegengack got to know Farley by joining his Long Island bedroom communityâs Democratic local, and then engineering a major fundraising dinner in Farleyâs honor.
âHeâs a totally different kind of person,â Malamud admits. âBut I was inspired by the story.â Still, he points to his relationship with John Podesta, who led the Obama transition team, and has his fingers in many Washington pots.
The two met in the summer of 1993, when the Clinton White House contacted Malamud, then running an Internet radio broadcast from a few blocks away at the National Press Club, for assistance in setting up a infrared link for an online demonstration. (âThey asked whether I could see the White House lawn from the press building, and we went up to the roof, and we could,â remembers Malamud.) He later served as the Chief Technology Officer of Podestaâs Center for American Progress, where he mixed policy work with upgrading and overseeing the nonprofitâs computer systems.
Alas, when The New York Times recently asked Podesta about Malamudâs efforts to earn an appointment, they got a non-committal âHe would certainly shake things up.â
Thereâs another big difference between Malamud and Giegengack. Giegengack was a press and ink printerâheâd managed several print operations with staffs numbering into the hundreds; by the time of his appointment, heâd held the presidencies of the International Association of Printing House Craftsmen and the New York State Typographers Association.
In fact, 44 USC Sec. 301 explicitly says that the Public Printer âmust be a practical printer and versed in the art of bookbinding.â
But as Malamud points out, like many an ambassador whose diplomatic qualifications stop at having a well-stamped passport, the requirement has often been ignored or lightly enforced.
âIâm doing a positive campaign, but go look at the current Public Printerâs resume, and look at how many years he spent as a congressional aide and in office, and I think youâll findâhe designed menus in high school. Thatâs what he did,â says Malamud.
In any case, Malamud is ready to tick off his qualifications.
âI typeset all eight of my books. I worked in newsrooms, I have run Linotypes. Actually my first book, I typeset running troff on a Windows 3.1 machine and hooking it up directly to a film based type setter,â said Malamud. âI created the first radio station on the Internet. I think thatâs skilled in the publishing arts and, as we know, that language is more general than simply printing.
âMost importantly, when it comes to publishing government information, I published in 2008 32.4 million pages, and so far in 2009 Iâve published 50 million pages. So I think by the definition of printing today, I definitely am skilled.
âAnd I would hire a very skilled deputy public printer who really understood production printing. Iâm no dummy.â
Malamud is working hard on rallying a posse to support his bid.
Heâs asking the public (and potential endorsees) to vet him, and, on his Web site offers a handy timeline of his writings, press clips, and other documents that might illuminate his life (in 1986, he spent a year at Georgetown Law netting two B-pluses and an A-minus). Heâs held a Twitter rally, where, shortly before doling out a thirteen-part speech in 140 characters or less, he recommended attendees stream a Marine band performance of Fanfare for the Common Man, among other tunes available from the Library of Congressâs public domain collection.
And heâs collecting endorsements from the lights of the technology focused transparency movement, like Stanford law professor Larry Lessig, and Ellen Miller of the Sunlight Foundation, which supports CJRâs transparency reporting. Those will be compiled, along with about a thousand other endorsements that Malamud has collectedâtweets, blog posts, e-mails, and maybe even Facebook campaign friendsâinto Giegengack style books. Theyâll be available for public download, and he plans to FedEx them to the White House personnel director, and to give copies to people he knows who work for or are close to the president, including Podesta.
âIf they like the book, maybe they will shuttle it over to someplace that matters,â says Malamud. âThere is at least a possibility that the people appointing this position might think itâs time for a change.â
Malamud says he wonât stop his campaign until he or someone else is appointed public printerâand he admits the latter scenario is âhighly likely.â Even if he doesnât get the job, he sees reasons to be pleased with the campaign.
âWeâve had a couple of very successful outcomes so far. A good five, ten thousand people, maybe much more, now know what the Government Printing Office is and what it does. Thereâs a thousand people who care enough about this to want to influence this agency. I think thatâs really key,â says Malamud. âItâs been a valuable exercise if nothing else.â
âI want the job and Iâm willing to be patient. If they want to come back in three years, Iâll probably still do it then,â he says. âAnd Iâll continue to do GPO-like work anyway.â
Has America ever needed a media defender more than now? Help us by joining CJR today.