Government 2.0 Meets Catch 22

Policy and Law

“Do I need to P.I.A. Facebook?” said the perplexed bureaucrat squished into a narrow basement hotel conference room in Washington DC.

P.I.A. stands for Privacy Impact Assessment, a procedure that federal agencies must go through every time they create a new computer system. It was one of many questions about how the government can use the tools of Web 2.0 raised in a session of a privacy conference last week.

Organizations of all sorts have been trying to figure out how they can adapt social networks, blogs, wiki’s and other Web tools to their traditional operating methods in order to connect to customers and partners.

But it is tough. “We have a Facebook page,” said one official of the Department of Homeland Security. “But we don’t allow people to look at Facebook in the office. So we have to go home to use it. I find this bizarre.”

There are many other procedures at government agencies that aren’t just tradition, they are the law.

For example, the mostly harmless feature of Facebook that allows users to specify their religious and political views, may run afoul of the Privacy Act. That law prevents the government from using the site because a provision in the Privacy Act bans it from keeping records related to how people exercise their first amendment rights.

“We are stodgier” than the private sector, said Alex Joel, the civil liberties protection officer for the Office of the Director of National Intelligence, who moderated the session at the annual meeting of the International Association of Privacy Professionals, the trade group for corporate and government privacy officers. “We have our own way of doing things.”

Speaking of the First Amendment, one person asked, does the government have the right to remove offensive comments on a blog or social network page? And if it does, must it keep copies of the deleted material under the Federal Records Act and provide them to people making Freedom of Information Act Requests? Yes, it can remove comments that violate posted policies about decency and so on, and yes, it must keep them for a specified time, other participants said.

Private companies are considering whether they should look at someone’s Facebook and MySpace profiles before deciding whether to hire them. Some government participants wondered if doing so would require that the government file a notice under a provision of the Privacy Act that requires it to disclose all of the “systems of records” it uses to keep track of information about people.

Peter Swire, a former government privacy official who now teaches law at Ohio State University, raised another question: anti-corruption law prevents federal officials from receiving gifts of goods and services. Does that prevent an agency from using software or services available free on the Web?

Mr. Swire also pointed to legal pitfalls: federal computer systems must be made accessible to the disabled. For example, they must have captions on videos. Many commercial sites don’t meet these standards. Moreover, the government generally isn’t allowed to endorse commercial products. Mr. Swire said this could be interpreted to mean it can’t use any sites that include advertising.

So far, these issues have not prevented at least some agencies from experimenting with many forms of social media, although some have had to ask sites to modify their formats. The Federal Trade Commission, for example, does not allow advertising on its YouTube channel. (Craig Newmark, founder of CraigsList, wrote Tuesday about government officials organizing to use social media.)

The Central Intelligence Agency uses Facebook to recruit employees. The State Department uses it as part of its “public diplomacy” efforts, such as a page for the embassy in Jakarta.

But there are at least as many pages created on Facebook that are about the agencies that are not officially sanctioned. “For every Facebook page that represents itself as an official State Department page, there is another unofficial page,” one participant said. The government already maintains a list of all federal blogs, and some wondered if it should do the same for social networking pages.

Officials at the session said they feel urgent pressure to get hip to social networks, Wikis and such because of the open government agenda of the Obama administration. But clearly there are a lot of rules and regulations that need to be adjusted for this to work.

Comments are no longer being accepted.

Why no mention of Twitter. Many government agencies have twitter accounts.
DHS: //twitter.com/HomelandSecurit
DHSJournal:
Senate Floor : //twitter.com/SenateFloor
USGS: //twitter.com/USGS
USA.gov: //twitter.com/USAgov
Ready.Gov: //twitter.com/Readydotgov
National Debt: //twitter.com/NationalDebt

etc….

This is great news and an example of how historic US Law is continuing to protect our rights and our privacy. I am very happy that the US Government is not wasting its time or resources on Facebook. There are official channels of communication that the government has had in place for years, and the addition of government websites has been admirable. I can’t imagine any use for the government to be on Facebook – how would it help anybody?

Any big changes are going to roadblocks and impediments and Government 2.0 has plenty of hurdles it needs to jump through. I think the key is we have to focus on the spirit of the law and not the minutia of the detail. The issue is risk mitigation and not risk avoidance.

In the end, the purpose of government is to better serve its citizens. Government 2.0 has a lot of opportunities to further meet this goal.

Steve Ressler
Founder, GovLoop.com

I was commenting via Twitter earlier that this post was quite similar to my post of 3/15: “The Catch-22 of Collaboration & Social Media” //bits.blogs.nytimes.com/2009/03/17/government-20-meets-catch-22/ ! This is important thinking at this time in our history. I am glad to see that NYTimes is in the thick of it..

The policies, cultural norms and technologies in place in government agencies are all tremendous challenges. It’s important to know, though, that from what I’ve seen in my work with the Department of Defense and my discussions with other government agencies, their objectives in using social media is not to be cool or hip or to keep up with the times, but rather, to more effectively and efficiently achieve their agencies’ missions and serve the American people. If we keep our eyes on the agencies’ missions and continue to innovate on the strategies to best achieve them, we will find ways to evolve the policies, culture that they inform and technologies that support them.

If our goal is to increase efficiency, transparency, collaboration, communication and save money, there is no question that government need to consider these new technologies.

While most of the social networking technologies exist outside of government, I think we need to consider how they could be integrated inside an between the departments and agencies.

If social networking technology was integrated into every grant program, it would save so much time and money in administration, increase program effectiveness and the sharing of best practices. No doubt each grant program could have it’s own social network. Imagine how many ideas could get passed around quickly, regardless of geography!

How about between government agencies? How about collaboration on similar programs targeting similar community populations. Right now, it is cumbersome, not the custom to share and often resisted because of power and control issues.

If we are going to bring President Obama’s vision into serious operational implementation, we have to consider the new technologies now.

Nice article! The point of all online tools is to meet agencies’ missions while also protecting people’s privacy, information security, etc. It’s not to be cool.

The Social Media Subcouncil that Craig Newmark blogged about is actively seeking input from people inside and outside gov’t to create a set of best practices all agencies can follow at the federal, state, and local level. We hope people will participate: //govsocmed.pbwiki.com/

@Nick: you asked the right question: why use these tools? But asking doesn’t imply the answer. For example, if you’re trying to put out information to help people protect themselves from radon, are you better off sticking it on a shelf in your office or creating a kiosk in the busiest mall in the world? That’s Facebook vs. an agency’s own website. You still put it on your site to provide credibility and permanence, but you also take advantage of going where the people are.

What is most interesting here is that the internet is not only blurring the line between public and private (mainly by allowing people to post personal information about themselves where everyone can read it), but also the line between government and the private sector.

The government can’t use Facebook because Facebook can tell you a person’s (volunteered) religious affiliation?

The government can’t use Google Docs because it’s free?

The government can’t use YouTube because the videos aren’t captioned?

This gives the government two choices. First, it can make up its own internet, costing the taxpayers money and, most likely, getting nowhere (who would sign up for GovernmentFaceBook?).

Alternatively, it can rely only on those services that satisfy all the relevant ADA, OSHA, etc., regulations. Doing so costs the site owners money, which they’re going to recoup by charging site visitors.

The whole point of web 2.0 is that the visitors can interact with the page owners. If the government limits itself to web 2.0 sites that require a fee to access, that limits access to the government to those who can pay the fee.

Either way exacerbates the digital divide between rich and poor. Do we really want that?

I used to work at the Federal Election Commission, and even putting one’s personal political views (a specific field in the FB info section) seemed wrong. But I was OK with it…because if I’m going to publicly state that I work at the FEC, I sure as heck shouldn’t be stating my political views side-by-side that information as even such an association could harm the important (and, honestly, real) idea that the nation’s election regulatory agency is neutral.

I actually ended up just putting the very-vague “federal government” as my employer, and then felt that I could be my personal self in the rest of my FB activity. This opposed to putting “FEC” and then not feeling comfortable adding this or that election-related button/status/SuperPoke.

When it comes to the Fed having its own Pages and such, I look forward to watching how that all plays out. It’s good for our government to deal with change! Cool post, Saul.

Government is very focused restricting internet access to employees to force them to work. It really should come down to managers managing and ensuring staff have weekly targets.//www.electrocars.net

I think the problem begins with the very terms used. If you think about it, we don’t really want “government 2.0.” Instead, we want “more effective and better government in a Web 2.0 world.” While this may seem like a distinction without a difference, it is critical to our strategy if we are to survive the onslaught of new technology and social behavior.

The burgeoning social media, while breathtaking in their growth, are designed for and responsible to a consumer market and individual tastes. They are also designed to be used by individuals, none of whom hold the levers of immense power as do governments. Being responsive to what people want to do is the way you become successful in the new Web space and building devices and software to feed that want is the way you make money from the 2.0 world.

But government operates on processes and precepts that have proven their worth over time and have kept us free for lo these 200-plus years. We will be at odds with our history if we allow the direction technology and social media are taking to redesign government, hence my problem with “Government 2.0.” The term itself implicitly presupposes that we should and will adapt government along the same or very similar lines as Face Book, Twitter or what have you. We should not and dare not.

Instead, we should be looking closely that the parts and processes of government in light of the new technology available and thinking about how we can adapt that technology to make government better. To do this, we won’t be relying on our technologist friends to sketch our future, but will be calling on people, in and close to government, who know the core processes together to talk about what’s broke and needs fixing, and what works but can be improved.

Then… and only then, should we discuss how technology should be applied to governental processes. When we do that, perhaps surprising to some, we will notice that every technology we consider comes with as many potential drawbacks as it does enhancements. Were we to adopt technology, 2.0 or any other, hoping for the enhancements but ignoring the drawbacks, we would find ourselves at best no better off and at worst deep in the weeds.

Regards,

Barry

This article illustrates what is probably the main problem of g2.0: governments and agencies are moving to social networking sites not because they have a clear view of its benefits, but because they ‘feel the pressure’ to do it. They do not feel ‘inspired’, they feel pushed. Consequently, all the effort goes into finding everything that can go wrong, even when their presence in the Internet is still very limited in terms of its relevance.