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Today is big big day for American e-democracy.  The U.S. Federal
Government unveiled their new <http://www.regulations.gov> site.  The
first federal e-government portal site with the words "participate"
or "democratic process" on the home page.

The site says:

    Regulations.gov is the U.S. Government web site that makes it easier
    for you to participate in Federal rulemaking - an essential part of
    the American democratic process. On this site, you can find, review,
    and submit comments on Federal documents that are open for comment
    and published in the Federal Register, the Government’s legal
    newspaper. As a member of the public, you can submit comments about
    these regulations, and have the Government take your views into
    account .

The site will allow you to more easily find and comment
electronically on proposed regulations from across different
agencies.  Whether it will increase your political influence or
reform the regulatory process is another matter of course.

Some Clift Notes Suggestions

A couple of quick suggestions, the Topical Guide to Regulations and
Services <http://www.regulations.gov/topical_guide.cfm> should be a
profile link from the home page.  It is much more than a Related
Link.  I'd also change the phrase "Search Open Regs" to "List
Proposed Regs" that is what what clicking there conveniently does.
On the home page, unless you read the full text at right you wouldn't
know that the selection tools on the top banner will list proposed
regulations - I thought was getting access to existing regulations.
I'd switch "Find Regulations" to "List Proposed Regs" and simply say
"Search Proposed Regulations" for the search option.

Now my main "what's next" suggestions:

1. What's Popular - Ensure that site usage creates automatic pathways
to "What's Popular" lists for all users.

If X proposal is generating high amounts of aggregate traffic or a
daily or weekly surge in new traffic, use that data to generate
dynamic directories _across the whole of government_ to the
information most people are looking for that day/week/year.

This is already being done by the excellent Department of
Transportation e-rulemaking web site:
http://dms.dot.gov/reports/topdock_rpt.htm
This is how people find good shareware all the time:
http://download.com.com/3101-2001-0-1.html
And how we know what is hot on Yahoo News:
http://story.news.yahoo.com/news?tmpl=index2&cid=1046

Comment statistics should also generate a public display listing the
proposed regulations receiving the most frequent comments.


2. Public e-access to public e-comments - I understand that this is a
future goal of this effort.  I don't know if this is written down
anywhere, but key government officials have indicated to me this is a
goal.

This is huge.  For the first time the business of interest group
influence on proposed regulations will gain _timely_ transparency.
For the first time across government (the DOT system allows you to
see comments already), official decision-making process will have an
online interface that will allow the public to then further comment
on other public submissions.  Let's help the government do this right
and then share this version of highly structured online consultation
with governments around the country/world.

3. What's New - Personalization and e-mail notification are the most
politically powerful tools available for e-government today.
Notification doesn't change what information becomes public, so this
is more a technical choice.

Information only has value in the political process if you know about
it when it can be used to influence a decision, a decision-maker, or
the public. It should be a fundamental right of all Americans to
track a set of keywords, agencies, or other factors and be notified
via e-mail when something of likely interest is newly available on
Regulations.gov.

There could be volume restrictions per user to balance the server
demand and provide equitable service. This would prevent putting put
all the "value-added" commercial tracking services the big lobby
groups use from going out of business.  Those businesses will
politically stop anything that provides too much convenience to those
who are willing and able to pay big bucks for any political
advantage.

If the UK government can use these tools, why not us?
http://www.info4local.gov.uk/emailalert.asp
Also, check out the features of these sites:
http://www.itpapers.com  and  http://www.bitpipe.com

End of my main comments ...

Folks at CDT also have comments on what they would like to see next:
http://www.cdt.org/publications/pp_9.03.shtml
(The full text of their Policy Post in below.)

Here is the a news item from the Washington Post on this:
U.S. Opens Online Portal to Rulemaking
Web Site Invites Wider Participation in the Regulatory Process
http://www.washingtonpost.com/wp-dyn/articles/A30469-2003Jan22.html
Can anyone find a press release online about the new site?

Something related:
Congress Plans to Slash E-Gov Funding
http://dc.internet.com/news/article.php/1573661
(Adding more e-regulation features will cost money, hey Congress,
help us out here and invest in your own online public services as
well.)

A number of very recent articles and presentations by the number one
academic e-rulemaking guru, Stuart Shulman:
http://www.drake.edu/artsci/faculty/sshulman/NSF/research.htm

For commentary on rules, regulatory reform in general:
http://www.ombwatch.org/regs
http://www.ncseonline.org/nle/crsreports/risk/rsk-3.cfm

Past DO-WIRE posts on e-rulemaking:
http://www.mail-archive.com/do-wire@tc.umn.edu/msg00515.html
http://www.mail-archive.com/do-wire@tc.umn.edu/msg00586.html
http://mail.tc.umn.edu/cgi-bin/wa?A2=ind0205&L=do-wire&P=R273

Steven Clift
Democracies Online
http://www.e-democracy.org/do

------- Forwarded message follows -------
From:                   [EMAIL PROTECTED]
To:                     [EMAIL PROTECTED]
Subject:                CDT Policy Post 9.03: Feds Open Portal for Online
Comments on Regulations
Date sent:              Thu, 23 Jan 2003 15:01:33 -0500 (EST)
Keywords:


CDT POLICY POST Volume 9, Number 3, January 23, 2003

A Briefing On Public Policy Issues Affecting Civil Liberties Online
from The Center For Democracy and Technology

Contents:
(1) Feds Open Portal for Online Comments on Regulations
(2) Improvements Needed in New Site
(2) Background on Online Rulemaking and E-government
___________________________________________

(1) Feds Open Portal for Online Comments on Regulations

In a step forward for e-government, the Bush Administration today
unveiled a new web site, http://www.regulations.gov, that allows
individuals to more easily find and comment on proposed rules being
considered by federal agencies.

Increasingly, government agencies have been accepting online comments
opposing or supporting proposed regulations, and a 1998 law requires
all agencies, "when practicable," to accept submission of online
comments by October of this year.  But in the past, citizens had to
know what agency might have responsibility for an area of interest.
The new regulations.gov web site allows Internet users to search by
keyword across government agencies for areas of interest, rather than
having  to guess which agency is writing a particular regulation.

The site also creates a common interface for filing comments.
Agencies generally have different rules about what kind of
information they want from persons submitting comments and different
formatting styles. The new web site automatically provide submitters
with the proper fields needed to submit comments to all covered
agencies.

___________________________________________

(2)  Improvements Needed in New Site

While the introduction of regulations.gov is a positive step, its
creators intend to improve it over time.  Here are some immediate
improvements CDT is recommending.

* The search engine should be augmented with various browsing
functions.  While one of the main benefits of the site is the ability
to search by keyword across departments and break down the
"stovepipes" that have traditionally made government bureaucracies
practically obscure, the current search tool may not be of much use
if an individual does not know the exact terminology for a
regulation. Browsing tools can be the only way for individuals not
steeped in policy terminology to find a particular rule for comment.
The site creators say that they plan to implement browsing features
gradually.

CDT believes that there are some helpful browsing features that could
easily be added to the site immediately to assist citizens who are
not experts in any particular field. Specifically, the site should
include:

*  A "New Today" feature (similar to the existing Federal Register
Table of Contents, but focused only on proposed regulations).

*  A "Closing This Week" section that would serve as a reminder of
comment periods that are ending soon.

*  A "Hot Topics" section listing a few proposals that are especially
important or are of broad public interest.

* Also useful, and something the sponsors of the site say that they
envision, would be a means for individuals to read the comments of
others.  If well-designed, this feature could allow for a new kind of
interaction between individuals similar to town hall meetings.  (If
poorly-designed, this feature could also turn comment periods into
"flame wars" familiar to all Usenet and chat room participants.) CDT
believes that this would be a worthwhile experiment for government to
try to improve participatory democracy using online tools.

* Finally, we note that the comments are limited to 4000 characters -
a limitation that seems unnecessary, and that basically would seem to
create two tracks for filing comments: regulation.gov for non-
professionals versus other electronic means, including agency web
sites, for businesses, their lawyers and other experts, whose
comments frequently exceed 4000 characters.

Ironically, the new site also shines a light on agencies that are not
yet accepting comments online.  A quick search today showed that the
Copyright Office of the Library of Congress, the Drug Enforcement
Administration, and the Air Force, among others, do not accept
comments online. This should change, both as the site itself brings
pressure on agencies to improve and as the upcoming October deadline
approaches.

___________________________________________

(3) Background on Online Rulemaking and E-government

Public comments on proposed government regulations are an important
part of the democratic process -- in the United States, the concept
of federal "notice and comment" rulemaking was a major reform of the
first half of the 20th century.  While agencies should not make
decisions based solely on the referendum of pro and con comments, the
comment process remains the most important tool that individuals have
to influence the often opaque exercise of power by regulatory
agencies in Washington.

In practice, citizen participation in rulemaking has been low, in
part because the information was available only in the Federal
Register in printed form.  As the Federal Register has gone online,
and as federal agencies themselves have posted proposed rules on
their own agency web sites, a greater number of individuals have been
able to participate in the comment process. The Pew Internet &
American Life Studies have shown that Americans see commenting on
government rules and regulations as a top priority for e-government,
and 60% of Americans (75% of Internet users) say that the Internet is
the first place that they now look for government information.

Congress recognized the importance of allowing individuals to
interact with government online when it passed the Government
Paperwork Elimination Act (GPEA) of 1998 requiring agencies to create
means for individuals to submit information electronically by October
21, 2003.

The E-Government Act of 2002 reaffirmed the obligation.

Yet, the move online has created varying means for individuals to
submit comments.  To this day, some agencies do not provide web
interfaces or accept email or even fax.  The rules for submission
vary even if the comments are on similar or related topics.  For
example, the FTC and FCC recently had two different sets of rules for
submission of comments on proposed telemarketing "Do Not Call" lists.


E-gov resources and background information:

   Federal Register online:
   http://www.access.gpo.gov/su_docs/aces/fr-cont.html

   Pew Internet & American Life study on e-gov:
      http://www.pewinternet.org/reports/toc.asp?Report=80

   CDT's e-government page: http://www.cdt.org/righttoknow/
___________________________________________

Detailed information about online civil liberties issues may be found
at http://www.cdt.org/ .

This document may be redistributed freely in full or linked to
   http://www.cdt.org/publications/pp_9.03.shtml .

Excerpts may be re-posted with prior permission of [EMAIL PROTECTED]

Policy Post 9.03 Copyright 2003 Center for Democracy and Technology

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