Social Media in Rulemaking is a No-No Because of 1946 Law
During a Twitter conversation I had this morning with a leader of the Federal Web Managers Council, I was pointed to few documents, including this December 2008 white paper entitled, “Social Media and the Federal Government: Perceived and Real Barriers and Potential Solutions” (it’s a four-page, 55KB PDF that’s definitely worth reading).
After reading the white paper, the last item caught my eye. Here’s what it says:
Administrative requirements during rulemaking
Issue: The Administrative Procedure Act (APA) of 1946 sets rules for how agencies can communicate with the public during rulemaking, accept public comment on proposed regulations, etc. The Act didn’t anticipate the collaborative tools now available, leading to hesitation and confusion as to how to incorporate them during the rulemaking process.
Proposed solution: The National CTO or OMB should issue guidance to help agencies use collaborative social media tools to enhance the rulemaking process, while still complying with the APA.
This definitely answers some questions from my earlier post.
So basically, the government can’t add social media to the rulemaking process because of a 63-year-old law (that was subsequently amended in 1966). In 1946, computers were the size of entire rooms. In 1966, computers recorded their data on punchcards. Social media to someone in 1946 probably meant sitting around with friends while reading the newspaper or listening to the radio. Facebook founder Mark Zuckerberg would not be born for another 38 years
Hopefully, the law will undergo a much-needed 21st century overhaul. The national CTO should, upon taking office, heed the recommendations of the council, so citizens can collaborate on the rulemaking process.
Future legislation of this nature should also be written in more flexible language to prevent such confusion from happening.
For now, though, all I can do is both laugh and hope that this changes soon.
