Tag Archives: White House

Plain writing is “indispensable” for open government

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Obama confers with advisors before the Cairo speech

President Barack Obama confers about the Cairo speech with Deputy National Security Advisor for Strategic Communications Denis McDonough, right, and speechwriter Ben Rhodes on Air Force One en route to Cairo, Egypt, June 4, 2009. (Official White House photo by Pete Souza)

Open government is not expressly defined as embracing technology, although it can and is be empowered by smart use of it. Last year, Cass Sunstein made plain language an essential part of open government.

Last week, Sunstein, who serves as the administrator of the White House’s Office of Information and Regulatory Affairs, finalized his guidance for the use of plain language in government communication a core part of open government.

For those who have tried to make sense of complex rulemaking, regulations, official announcements or directives, the change will be welcome. For the average citizen trying to comply with them, it’s essential.

“Plain writing is indispensable” to achieving the goals of establishing “a system of transparency, public participation, and collaboration,” wrote Sunstein on the White House blog. “…far too often, agencies use confusing, technical, and acronym-filled language. Such language can cost consumers and small business owners precious time in their efforts to play by the rules.”

By July 13, 2011, federal agencies must:

  • designate a senior official oversee plain language
  • create and maintain a “plain writing section” of the agency website that is
    accessible from the agency homepage
  • train employees to use plain language

“Whenever officials provide information about Federal benefits and services, produce documents that are necessary for filing taxes, or offer notices or instructions to the public, they must now write clearly and concisely,” wrote Sunstein.

Will it matter? In measuring the progress of the Open Government Directive, implementation matters. It will be no different here, as changing the culture of government to plain language will never be a matter of installing “a better app for that.”

It was clear back in September that in the United States, open government remains in beta. A year after federal government agencies published their open government plans, the projects are starting to roll out, like the rebooted FCC.gov or NASA’s Open Source Summit. Compiling an Open Government Week in Review this month served as a useful reminder of how much is happening in this space.

As agencies update their progress on open government, however, the focus has often been upon new digital initiatives. Now they have a mission that has very little to do with technology and everything to do with better communicating the activities of government to citizens: adopt the Elements of Gov 2.0 Style.

Below is the full, finalized guidance. More information is available at PlainLanguage.gov.
Final Guidance on Implementing the Plain Writing Act of 2010(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src = “http://www.scribd.com/javascripts/embed_code/inject.js”; var s = document.getElementsByTagName(“script”)[0]; s.parentNode.insertBefore(scribd, s); })();

Samantha Power: Transparency has gone global

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Innovations in democratic governance have been and likely always will be a global phenomenon. Samantha Power, senior director and special assistant for multilateral affairs and human rights at the White house, highlighted the ways in which platforms and initiatives for transparency in other countries are growing on the White House blog yesterday.

While “Sunshine Week” may be an American invention, the momentum for greater transparency and accountability in government is a global phenomenon. In countries around the world, governments and civil society groups are taking new and creative steps to ensure that government delivers for citizens and to strengthen democratic accountability.

From Kenya to Brazil to France to Australia, new laws and platforms are giving citizens new means to ask for, demand or simply create greater government transparency. As Power observed, open government is taking root in India, where the passage of India’s Right to Information Act and new digital platforms have the potential to change the dynamic between citizens and the immense bureaucracy.

Power listed a series of global transparency efforts, often empowered by technology, that serve as other useful examples of “innovations in democratic governance” on every continent

  • El Salvador and Liberia recently passed progressive freedom of information laws, joining more than 80 countries with legislation in place, up from only 13 in 1990;
  • A few weeks ago in Paris, six new countries from Europe, Africa, Central Asia, and the Middle East met the high standards of the Extractive Industries Transparency Initiative (EITI), empowering citizens with unprecedented information about payments made for the extraction of natural resources;
  • Brazil and South Africa are pioneering innovative tools to promote budget transparency and foster citizen engagement in budget decision-making, along with tens of other countries that are making budget proposals and processes open to public input and scrutiny;
  • Civil society groups are developing mechanisms to enable citizens to keep track of what happens in legislatures and parliaments, including impressive web portals such as votainteligente.cl in Chile and mzalendo.com in Kenya; and
  • Experiments in citizen engagement in Tanzania, Indonesia, and the Philippines, are demonstrating that citizen efforts to monitor the disbursement of government funds for education, health, and other basic services, actually decrease the likelihood of corruption and drive better performance in service delivery.

There’s a long road ahead for open government here in the United States. While improving collaboration and transparency through open government will continue to be difficult nuts to crack, it looks like “Uncle Sam” could stand to learn a thing or two from the efforts and successes of other countries on transparency. Addressing FOIA reform and better mobile access to information are two places to start.

For more on how open government can have a global impact, click on over to this exclusive interview with Samantha Power on national security, transparency and open government.

The US CIO goes to the white board to describe good government

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Earlier this week, United States CIO Vivek Kundra turned to the White House whiteboard to talk about sunshine, savings and service. If you’re unfamiliar with Kundra, he’s the man who has proposed and now is entrusted with implementing sweeping federal IT reform. One of the tools he’s been applying to the task is the so-called IT dashboard, which helps the White House Office of Management and Budget, where he serves to track IT spending. He claims to have reduced federal IT spending by some $3 billion dollars over the past two years with increased tracking and scrutiny.The federal CIO explains more about the results from that work, below.

http://www.whitehouse.gov/sites/all/modules/swftools/shared/flash_media_player/player5x2.swf

UPDATE: As open data consultant Dan Morgan pointed out, however, the Government Accountability Office reported that while OMB has made improvements to its dashboard, “further work is needed by agencies and OMB to ensure data accuracy.”

…inaccuracies can be attributed to weaknesses in how agencies report data to the Dashboard, such as providing erroneous data submissions, as well as limitations in how OMB calculates the ratings. Until the selected agencies and OMB resolve these issues, ratings will continue to often be inaccurate and may not reflect current program performance. GAO is recommending that selected agencies take steps to improve the accuracy and reliability of Dashboard information and OMB improve how it rates investments relative to current performance and schedule variance. Agencies generally concurred with the recommendations; OMB did not concur with the first recommendation but concurred with the second. GAO maintains that until OMB implements both, performance may continue to be inaccurately represented on the Dashboard.

One question left unanswered: Is /good the new /open? Decide for yourself at the new “Good Government” section at WhiteHouse.gov.

Daniel Weitzner is the new White House deputy CTO for Internet policy

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DSC_5476

Image by Elon University via Flickr

There’s a new deputy chief technology officer in the White House Office of Science and Technology Policy: Danny Weitzner. He’ll be taking over the policy portfolio that Andrew McLaughlin held. The appointment appears to have been reported first by Julia Angwin in her story on a proposed bill for an online privacy bill of rights drafted by Senator John McCain (R-AZ) and Senator John Kerry (D-MA). Rick Weiss, director of communications at OSTP confirmed the appointment and said that they anticipate that Weitzner will start work “very soon.”

With the appointment, the OSTP staff has three deputy CTOs again working under federal CTO Aneesh Chopra: Chris Vein for innovation, Weitzner for Internet policy and Scott Deutchman for telecommunications policy.

Weitzner has a deep and interesting background when it comes to Internet policy. He was serving as associate administrator for policy at the United States Commerce Department’s National Telecommunications and Information Administration (NTIA), the principal adviser to the President on telecommunications and information policy. Prior to joining the Obama administration, Weitzner created the MIT CSAIL Decentralized Information Group and was used to be the policy director for the World Wide Web Consortium (W3C) before he joined . Here’s his bio from his time there:

Daniel Weitzner is Policy Director of the World Wide Web Consortium’s Technology and Society activities. As such, he is responsible for development of technology standards that enable the web to address social, legal, and public policy concerns such as privacy, free speech, security, protection of minors, authentication, intellectual property and identification. Weitzner holds an appointment as Principal Research Scientist at MIT’s Computer Science and Artificial Intelligence Laboratory, co-directs MIT’s Decentralized Information Group with Tim Berners-Lee, and teaches Internet public policy at MIT.

As one of the leading figures in the Internet public policy community, he was the first to advocate user control technologies such as content filtering and rating to protect children and avoid government censorship of the Intenet. These arguments played a critical role in the 1997 US Supreme Court case, Reno v. ACLU, awarding the highest free speech protections to the Internet. He successfully advocated for adoption of amendments to the Electronic Communications Privacy Act creating new privacy protections for online transactional information such as Web site access logs.

Before joining the W3C, Mr. Weitzner was co-founder and Deputy Director of the Center for Democracy and Technology, a leading Internet civil liberties organization in Washington, DC. He was also Deputy Policy Director of the Electronic Frontier Foundation. He serves on the Boards of Directors of the Center for Democracy and Technology, the Software Freedom Law Center, the Web Science Research Initiative. and the Internet Education Foundation.

His publications on technical and public policy aspects of the Internet have appeared in the Yale Law Review, Science magazine, Communications of the ACM, Computerworld, Wired Magazine, and The Whole Earth Review. He is also a commentator for NPR’s Marketplace Radio.

Mr. Weitzner has a degree in law from Buffalo Law School, and a B.A. in Philosophy from Swarthmore College.

As Angwin reported, Weitzner pushed for creation of the Commerce Department new privacy office while he was at NTIA. In his new role, he’s likely to be working closely with the FTC, Congress and a new privacy office at the Commerce that, according to Angwin, is likely to be run by Jules Polonetsky, currently head of the Future of Privacy Forum.

Weitzner’s appointment is good news for those who believe that ECPA reform matters and for advocates of free speech online. Given the recent role of the Internet as a platform for collective action, that support is worth acknowledging.

For those interested, Weitzner can be found on Twitter at @djweitzner. While he has not sent out a tweet since last November, his link to open government in the United Kingdom last July bodes well for his support for open data and Gov 2.0: “Proposed Government Data Transparency principles from UK gov’t via Shadbolt & Berners-Lee http://bit.ly/b1WyYs #opendata #gov20.”

 

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Beth Noveck testifies in Canadian Parliament on why open government matters

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Today, Beth Noveck testified before the Canadian Parliament. She posted her testimony before the information privacy and ethics committee on her personal blog, including a statement on why open government matters:

Open government goes far beyond transparency. Opening up how institutions work to enable greater collaboration – open innovation – affords the opportunity to use network technology to discover creative solutions to challenges that a handful of people in Ottawa or Washington might not necessarily devise. By itself, government doesn’t have all the answers.

In the network age, twenty-first-century institutions are not bigger or smaller ones: they are smarter hybrids that leverage somewhat anarchic technologies within tightly controlled bureaucracies to connect the organization to a network of people in order to devise new approaches that would never come from within the bureaucracy itself. By using technology to build connections between institutions and networks, we can open up new, manageable and useful ways for government and citizens to solve problems together. Everyone is an expert in something and so many would be willing to participate if given the opportunity to bring our talents, skills, expertise and enthusiasm to bring to bear for the public good.

Noveck offered 10 principles for open government::

1. Go Open – Government should work in the open. Its contracts, grants, legislation, regulation and policies should be transparent. Openness gives people the information they need to know how their democracy works and to participate.

2. Open Gov Includes Open Access – Work created by and at the behest of the taxpayer whether through grants or contracts should be freely available. After the public has paid once, it shouldn’t have to pay again.

3. Make Open Gov Productive Not Adversarial – Given the time-consuming nature of responding to information requests today, Government should invest its human and financial capital in providing the data that people really want and will use. Officials should articulate what they hope people will do with the data provided (ie. design a new Federal Register) and also be open to the unexpected contributions that improve the workings of the organization and help the public.

4. Be Collaborative – It isn’t enough just to be transparent; officials need to take the next step of actively soliciting engagement from those with the incentives and expertise to help. Legislation and regulatory rulemaking should be open to public as early as possible in the process to afford people an opportunity – not simply to comment — but to submit constructive alternative proposals. Legislation should also mandate that agencies undertake public engagement during implementation.

5. Love Data – Design policies informed by real-time data. With data, we can measure performance, figure out what’s working, and change what’s not. Publishing the data generated in connection with new policies as well as “crowdsourcing” data gathered by those outside government enables innovation in policymaking. As an added bonus, open data also has the potential to create economic opportunity.

The National Oceanic and Atmospheric Agency in the United States has a ~$5 billion dollar annual budget. Through the open release of data, NOAA is catalyzing at least 100 times that value in the private sector market of weather and climate services when including market and non-market valuations. [15] The ~$1 billion it spends on the National Weather Service helps enable weather.com, which has since been sold for $3.5 billion. Hidden within the troves of public data is information that can translate into the next GPS or genomics industry.

6. Be Nimble – Where possible, invite innovations that can be implemented in 90 days or less. Forcing organizations to act more quickly discourages bureaucracy and encourages creative brainstorming and innovation. The need for speed encourages a willingness to reach out to others, including across the public sector.

7. Do More, Spend Less – Design solutions that do more with less. Instead of cutting a service to save money, ask if there is another way such as a prize or challenge to address people’s problems that both serves their needs and cuts costs. In this era of scientific and technological advances, we have amazing new ways of addressing problems if we can only recognize and implement them. Innovation may ultimately bring the win-win of more cost-effectiveness and greater engagement.

8. Invest in Platforms – So long as Freedom of Information, declassification and records management processes are entirely manual and data is created in analog instead of digital formats, open government will be very hard. Further, without tools to engage the public in brainstorming, drafting, policy reviews, and the other activities of government, collaboration will elude us. Focus on going forward practices of creating raw data and real engagement.

9. Invest in People – Changing the culture of government will not happen through statements of policy alone. It is important to ensure that policy empowers people to seek democratic alternatives and pursue open innovation. Consider appointing Chief Innovation Officers, Chief Democracy Officers, Chief Technology Officers.

10. Design for Democracy – Always ask if the legislation enables active and constructive engagement that uses people’s abilities and enthusiasm for the collective good. It is not enough to simply “throw” Facebook or Twitter at a problem. A process must be designed to complement the tool that ensures meaningful and manageable participation for both officials and the public.

Open government is not only an American endeavor, although aspects of the philosophy espoused by Thomas Jefferson can be found in the architectures of participation being built today. There are reasons to be by turns cynical, hopeful, concerned or inspired by the transitions taking place around the world, from Brazil to the Middle East to Europe to China. Noveck testified to that reality today:

“Transparency, participation, collaboration” is, by no means, an exclusively American mantra. Ten countries have launched national data portals to make public information transparent and accessible in raw formats. The British Parliament is debating amending its Freedom of Information Act to provide that, when so requested, the government must “provide the information to the applicant in an electronic form which is capable of re-use.”[10] Poland and Brazil are also working on open access legislation. Ten Downing Street like the White House has invited the citizenry and civil servants to brainstorm ideas for how to cut spending. They both publish government contracting data.[11a][11b] Australia launched a national Government 2.0 taskforce to explore opportunities for citizen engagement. The United Nations and the World Bank are jumping on the open-data and collaboration bandwagon. India and the United States have an open government partnership. Local governments from Amsterdam to Vladivostok are implementing tools bring citizens into governance processes to help with everything from policing to public works in manageable and relevant ways

These recommendations will be useful to other government officials or countries considering open government programs.
They should be also weighed against the analysis that John Foley recently posted at Information Week Government, where he published 10 steps to open government. Foley acknowledged the success of the open government efforts of the current administration, including the accomplishments that Noveck described in her testimony, and offered a critical list of the ways that those entrusted with carrying policy forward will need to grow and improve in implementation.

Of these, perhaps the most important is awareness: without public participation, many of the initiatives and platforms that Noveck helped to start are not likely gain the critical mass, scrutiny or traction that they require to succeed.

With that aim of raising more awareness about what open government means in practice, here’s Noveck’s talk on “10 ways to change the world” from last year’s Gov 2.0 Summit is embedded below:

President of Free World meets President of Facebook World

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President Barack Obama talks with Facebook founder and CEO Mark Zuckerberg before a dinner with Technology Business Leaders in Woodside, California, Feb. 17, 2011. Also pictured, left to right, are Carol Bartz, Yahoo! President and CEO; Art Levinson, Genentech Chairman and former CEO; Steve Westly, Founder and Managing Partner, The Westly Group; and Eric Schmidt, Executive Chairman and CEO of Google. (Official White House Photo by Pete Souza)

President Barack Obama talks with Facebook founder and CEO Mark Zuckerberg before a dinner with Technology Business Leaders in Woodside, California, Feb. 17, 2011. Also pictured, left to right, are Carol Bartz, Yahoo! President and CEO; Art Levinson, Genentech Chairman and former CEO; Steve Westly, Founder and Managing Partner, The Westly Group; and Eric Schmidt, Executive Chairman and CEO of Google. (Official White House Photo by Pete Souza)

Amazingly, the White House Flickr feed hasn’t turned into a caption contest for this picture. In the absence of press coverage, Marshall Kirkpatrick had some fun speculating about the topic of conversation at Obama’s meeting with other Silicon Valley leaders over at ReadWriteWeb.

No word on whether the president talked with Zuckerberg about what it was like to act as POTUS on Facebook using the upgraded Pages feature. (As of this morning, President Barack Obama’s Facebook page has 18,368,666 likes. The WhiteHouse has 903,252. )

Pew: Disability or illness hinders many Americans from using the Internet

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President Barack Obama talks with, from left, Rep. Steny Hoyer, D-Md., James Sensenbrenner, R-Wisc., Cheryl Sensenbrenner, James Langevin, D-R.I., and Sen. Tom Harkin, D-Iowa, in the Oval Office, July 26, 2010, prior to an event on the South Lawn commemorating the 20th anniversary of the Americans with Disabilities Act. (Official White House Photo by Pete Souza)

President Barack Obama talks with, from left, Rep. Steny Hoyer, D-Md., James Sensenbrenner, R-Wisc., Cheryl Sensenbrenner, James Langevin, D-R.I., and Sen. Tom Harkin, D-Iowa, in the Oval Office, July 26, 2010, prior to an event on the South Lawn commemorating the 20th anniversary of the Americans with Disabilities Act. (Official White House Photo by Pete Souza)

A new report from the Pew Internet and American Life Project includes the sobering figure that potentially hundreds of thousands of Americans live with disabilities or illness that makes it harder or impossible for them to use the Internet. According to Pew, some two percent of American adults are unable to fully make use of one of the greatest platforms for collective action in history. ‘

The survey was based on a national survey of 3,001 U.S. adults in September 2010. Here are three other data points to consider:

  • 27% of American adults live with a disability that interferes with activities of daily living.
  • 54% of adults living with a disability use the internet, compared with 81% of adults who report none of the disabilities listed in the survey.
  • 41% of adults living with a disability have broadband at home, compared with 69% of those without a disability.

“This is a correlation that we observed, not causation,” said Susannah Fox (@SusannahFox), associate director at the Pew Internet & American Life Project. “We don’t know that it’s the disability that’s causing that difference, but we do know that it’s not just lower levels of education or income, or age, all of which tend to depress Internet access rates. It’s something else.”

This research should be considered in the context of an ongoing matter before the Department of Justice (DoJ): the modernization of the Americans with Disabilities Act. When the Act was first passed, the DoJ stated in the preamble to the original 1991 ADA regulations that those regulations should be interpreted to keep pace with developing technologies. (28 CFR part 36, app. B.)

Needless to say, the Internet has come a long way since 1991. The power of technology and equality came into sharp focus this year on the 20th anniversary of the ADA. Iif the United States government intends to go forward with creating online open government platforms for all the people, accessibility and access issues are part of that picture. The country will need ability maps and to consider how to balance the accessibility needs of all Americans as more civic engagement goes digital. Disability advocates agree that transparency without accessibility would be a poor version of Gov 2.0.

“The reality is that so much of what’s happening today in the world is online,” said Fox. “There’s a real difference between a someone in their 70s who doesn’t want to add the Internet to their life and someone in their 20s who can’t go online because of a disability.”

When the ADA was passed, Congress contemplated that the Department of Justice would apply the statute in a manner that evolved over time, and delegated authority to the Attorney General  of the United States to put forward regulations to carry out the Act´s broad mandate. How the Department of Justice does so is still a matter for debate.  The DoJ is considering extending the enforcement of the ADA to include websites operated by more entities, including the following list of 12 categories of “places of public accommodation” covered by the ADA from ADA.gov.

(1) An inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of the establishment as the residence of the proprietor;
(2) A restaurant, bar, or other establishment serving food or drink;
(3) A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;
(4) An auditorium, convention center, lecture hall, or other place of public gathering;
(5) A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;
(6) A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;
(7) A terminal, depot, or other station used for specified public transportation;
(8) A museum, library, gallery, or other place of public display or collection;
(9) A park, zoo, amusement park, or other place of recreation;
(10) A nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;
(11) A day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and
(12) A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.

The public comment period for the Department of Justice’s notice of rulemaking regarding this extension will end on Monday, January 24th. The questions being contemplated by the DoJ are straightforward and yet potentially significant, with respect to their effects upon businesses: Do they operate a website? If so, does that website also have to be accessible?

The considerations and trade offs involved in answering those questions are complex but important. For people for whom accessibility is more than a “nice to have” feature, however, those answers will be meaningful.

“It’s not just the group today that’s having trouble going online,” said Fox, ” it’s about how the conversation today contributes towards building towards the future.”

POSTSCRIPT: Audrey Watters, a staff writer at ReadWriteWeb, referenced this article in her post, “Pew Internet Study Points to Challenges Americans with Disabilities Have with Internet Access.” One of her readers, John Mill, replied to Watters on Twitter: “Thanks for posting that. This inspires me as I’m applying for an internship and need to talk about greatest challenge faced by students with disabilities and how I might do something about it.”

Mill said that “many things have actually gone backward” with regards to Web accessibility. “Facebook, for one. Probs with Captcha for another.” When reached for further comment, he tweeted more about the challenge of navigating the social Web as a blind man:

I’d say the single biggest issue is the rate of change on websites and in software apps. Our screen-readers are constantly playing catch-up, and soon as they do another update is released that breaks things! With regards to social networking, FB is difficult also, as they change regularly. New Twitter is all but [unusable], but enterprising blind devs have created a software program called Qwitter client, found at www.qwitter-client.net. Those are a few of my thoughts. Apparently I could write a book!

According to Mill, the new version of Twitter, set to be rolled out to all users this year, “causes screen-readers to become sluggish and unresponsive. Also hard to find where to write the new tweets.” With respect to Facebook, “I can’t really access the main site, largely because I’m not sure where anything is!” tweeted Mills. “The mobile site works well enough, for the most part. All those games and such are out, but I mostly use it to update statuses and message friends and family.”

ExpertNet: What is the future of the open government platform?

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The President has lunch with Sen. Bob Casey at the Famous 4th Street Deli in Philadelphia

The President has lunch with Sen. Bob Casey at the Famous 4th Street Deli in Philadelphia. (Official White House Photo by Pete Souza)

Citizen engagement platforms grew in 2010. There will be more such platforms coming from top, through open government, and from the bottom, as civic developers create, host and use their own communities. The opportunity for citizens to participate in the co-creation of the most high profile open government platforms for citizen consultation, ExpertNet, will close on January 23rd, when the White House’s Request for Information will end.

The White House has been taking public feedback on designing democracy with this citizen consultation platform for weeks. In a number of respects, the discussion on ExpertNet.wikispaces.com has resembled an unconference, where the participants themselves drive the process.

So what’s interesting here? “It is the idea that the public will be (directly) shaping policy that is intriguing, and is a critical component to bridging the gap, both the economic gap as well as the digital gap, as the average citizen is the real stakeholder, and before now has had no forum for influencing change so directly,” said Megan Eskey, OpenGov Lead at the NASA Ames Research Center.

Or put it another way, as Anil Dash did earlier today: how should a White House Quora work?

The White House is looking to build a web community to get its questions answered, sort of their own Quora, and they’re trying to do it the right way. They’re asking those who would participate to help shape how the community itself works. They’re not trying to create a network from scratch, but instead trying to connect to networks that already exist. And they’re not just making a community for the hell of it — they’re trying to build one with purpose.

But they’ve asked for our help, from those of us who build, and know, and love web communities. We’re being asked to share our expertise in what does, and doesn’t work on successful web communities. Our deadline for participating is on Monday. Giving them insights into our hard-earned lessons will only take 15 minutes of your time this weekend, and will keep us from having to wonder, “Why wasn’t I consulted?“

Many lively discussion threads have emerged, including suggestion for moderation, voting, ownership of intellectual property and more, including:

“It’s not so much the idea of a wiki or whatever platform ExpertNet rolls out, but rather the format they are looking at of matching experts with those seeking to solve immense problems,” said Eskey. “Whether it is a wiki or a social site or some other crowdsourcing tool like delib’s dialogue app, that feedback loop is critical, especially if the digital divide is to be bridged via new bills that are introduced into Congress, although at this time the project is envisioned for executive agencies and departments only,” she said. Eskey noted that any ideas for using ExpertNet within the legislative branch should be directed to elected representative(s) in Congress.

For those interested in the future of open government and citizen consultation, there’s no time like the present to weigh in. Tim Bonnemann of Intellitics has also posed six questions for ExpertNet for further consideration.

White House: Regulations shall be adopted through a process that involves public participation

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President Barack Obama signs H.R. 2751, the “FDA Food Safety Modernization Act,” in the Oval Office, Jan. 4, 2011. (Official White House Photo by Pete Souza)

President Barack Obama in the Oval Office, Jan. 4, 2011. (Official White House Photo by Pete Souza)

President Barack Obama issued an executive order today focused on reforming regulation regulatory review.

There are a number of details in this order that deserve further consideration and analysis from the open government community. One element is notable: public participation in the regulatory process.

Sec. 2. Public Participation. (a) Regulations shall be adopted through a process that involves public participation. To that end, regulations shall be based, to the extent feasible and consistent with law, on the open exchange of information and perspectives among State, local, and tribal officials, experts in relevant disciplines, affected stakeholders in the private sector, and the public as a whole.

(b) To promote that open exchange, each agency, consistent with Executive Order 12866 and other applicable legal requirements, shall endeavor to provide the public with an opportunity to participate in the regulatory process. To the extent feasible and permitted by law, each agency shall afford the public a meaningful opportunity to comment through the Internet on any proposed regulation, with a comment period that should generally be at least 60 days. To the extent feasible and permitted by law, each agency shall also provide, for both proposed and final rules, timely online access to the rulemaking docket on regulations.gov, including relevant scientific and technical findings, in an open format that can be easily searched and downloaded. For proposed rules, such access shall include, to the extent feasible and permitted by law, an opportunity for public comment on all pertinent parts of the rulemaking docket, including relevant scientific and technical findings.

(c) Before issuing a notice of proposed rulemaking, each agency, where feasible and appropriate, shall seek the views of those who are likely to be affected, including those who are likely to benefit from and those who are potentially subject to such rulemaking.

This order is part of a larger effort towards e-rulemaking by the administration and, as the Wall Street Journal reports, the regulatory review is a nod to concerns in the business community about excessive regulation hampering investment and job creation as citizens struggle to recover from the effects of the Great Recession. In that context, The president penned an op-ed in the Wall Street Journal about moving towards a 21st century regulatory system:

…creating a 21st-century regulatory system is about more than which rules to add and which rules to subtract. As the executive order I am signing makes clear, we are seeking more affordable, less intrusive means to achieve the same ends—giving careful consideration to benefits and costs. This means writing rules with more input from experts, businesses and ordinary citizens. It means using disclosure as a tool to inform consumers of their choices, rather than restricting those choices. And it means making sure the government does more of its work online, just like companies are doing.

We’re also getting rid of absurd and unnecessary paperwork requirements that waste time and money. We’re looking at the system as a whole to make sure we avoid excessive, inconsistent and redundant regulation. And finally, today I am directing federal agencies to do more to account for—and reduce—the burdens regulations may place on small businesses. Small firms drive growth and create most new jobs in this country. We need to make sure nothing stands in their way.

The order can also be considered in the context of FCC open Internet rules and net neutrality, where OpenInternet.gov was used to collect public feedback for proposed rules. The full version of the final rules, however, were not shared with the public until days after they were voted upon.

As always, determining what “public participation” in regulatory review and the process of regulation created will be the nut of the issue. The question of whether Congress codifies such an executive order with legislation is also a consideration, given that another administration could roll back the order. That said, this order does appear to be a step forward for more open government in a dry but important area.

UPDATE: The University of Pennsylvania law school’s regulatory blog has weighed in on the executive order promoting public participation:

The order reaffirms many core principles of regulatory policymaking reflected in prior executive orders dating back to the Reagan Administration. It also keeps in place the existing structure of White House review of new regulations that had been established by President Clinton.

But consistent with the Obama Administration’s emphasis on open government, today’s order also makes some significant new strides toward improving the role the public plays in the regulatory process. Section 2 states that new “regulations shall be adopted through a process that involves public participation.” By itself, this command is not remarkable, as agencies are already required by law to give the public an opportunity to comment on proposed rules.

Yet, requiring that the public have an opportunity to comment does not mean that this opportunity is always meaningful, especially when it is hard for members of the public to review the data and documents underlying agencies’ regulatory proposals. As noted in 2008 by a nonpartisan presidential transition task force chaired by Penn Law Professor Cary Coglianese, for some agencies

“important data might not be included in a rulemaking docket until late in the comment process, or the data might be buried in voluminous records that are not available electronically. The lack of meaningful access to important information detracts from the public’s ability to contribute to the formulation of better rules.”

That same task force report recommended steps to improve the timely, online availability of information underlying new regulatory proposals.

In today’s executive order, President Obama announced a significant new effort to improve the public’s access to government information about agency proposals. The executive order calls for agencies to make their regulatory dockets available online in a “timely” manner so that the public can comment on “all pertinent parts of the rulemaking docket, including relevant scientific and technical findings.”

Although many federal agencies do provide such information online, far too many still do not provide this information in a timely and complete manner, even in today’s digital era. If President Obama’s order is implemented faithfully and consistently across all federal agencies, it will go a long way toward advancing the goal of a more open federal government.

As usual, when it comes to compliance with open government mandates, that’s a big “if.”

UPDATE: Nancy Scola has more on a move towards 21st century bureaucracy at techPresident:

The notion of right-sizing government has, of course, been with us for years. (Though there has historically been a dearth of people who have come out in favor of government too big, or too small.) And New York Governor Andrew Cuomo went back to that well during his new year’s day inaugural address. But there are sections of Obama’s op-ed that seem like they could have easily been written by Darrell Issa, the new Republican chair of the House Oversight and Government Reform Committee. “If regulators imposed consistent data formats for regulatory information,” wrote Issa in the Washington Examiner back in October, for example, “then watchdogs, bloggers, and the public could perform their own oversight, illuminating which regulatory systems are well-designed and which are too complex.”

Obama and Issa seem of one mind on a technologist’s technocratic twist on right-sizing government: the thinking that standardized government rules and the publically parsable datasets they produce is one path to a bureaucracy of just the perfect bulk. The idea seems to, in practice, require a great deal of the American public at the granular level of bureaucratic practice. But in rough form at least the notion seems to be particularly “of the moment” at the moment in Washington.

UPDATE: Anthony D. Williams makes a case for why regulatory innovation is the next frontier for open government:

The promise of increased stakeholder participation is that more transparent and participatory forms of regulation will help deliver concrete social outcomes without imposing disproportionate costs on either industry or taxpayers. Systems of regulation will become for fluid and timely, responding both to the evolving needs of societies and the capacity for improvement in industry. Citizens will be more informed to make smart choices and more empowered to protect their family, friends, and communities from harm.

Of course, there are risks too. Governments could cede control of the policy agenda to unelected interest groups or fail to adequately scrutinize the effectiveness of these alternative regulatory frameworks, leaving them vulnerable to gaming or insufficient enforcement.

But the greatest risk is that insufficient innovation in regulatory strategies will undermine the legitimacy and effectiveness of policy and undermine economic performance. Worse, systemic regulatory and market failures (comparable in impact to the financial crisis) could unleash detrimental changes in social, economic and political order that will further erode global stability. Harnessing expertise and resources from emerging networks in the private sector and civil society will be an essential part of developing effective and forward-looking policy responses.

Clay Johnson on key trends for Gov 2.0 and open government in 2011

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As dozens of freshmen Representatives move into their second week of work as legislators here in the District of Columbia, they’re going to come up against a key truth that White House officials have long since discovered since the heady … Continue reading →