Barriers to Participatory eRulemaking Platform Adoption: Lessons Learned from RegulationRoom

Rulemaking, the process through which United States (U.S.) federal government agencies develop major health, safety and economic regulations, was an early target of electronic government (e-government) efforts. Because it was an established decision-making process that had substantial formal requirements of transparency, public participation and responsiveness it seemed a perfect target for technology-supported participatory policymaking. It was believed that new technologies could transform rulemaking, increasing its democratic legitimacy and improving its policy outcomes by broadening the range of participating individuals and groups (Brandon and Carlitz, 2003; Coglianese, 2004; Noveck, 2004). Despite the promise of a more deliberative and democratic process, rulemaking efforts have failed to produce broader meaningful public engagement. In this paper we examine if lack of adoption of participatory eRulemaking platforms can be explained by the disruption to agencies’ established rulemaking practices. We will consider how agencies react to technological innovation as a risk due to their deep-rooted organizational cultures and the impact of judicial and political oversight. We will provide examples of agency risk and culture, including from our own experiences with RegulationRoom, a socio-technological participation platform that has facilitated public participation in six federal rulemakings. We will also draw on a comparison of for-profit businesses and rulemaking agencies in thinking about motivation to adopt (or avoid) new technologies

Rulemaking 2.0

In response to President Obama\u27s Memorandum on Transparency and Open Government, federal agencies are on the verge of a new generation in online rulemaking. However, unless we recognize the several barriers to making rulemaking a more broadly participatory process, and purposefully adapt Web 2.0 technologies and methods to lower those barriers, Rulemaking 2.0 is likely to disappoint agencies and open-government advocates alike. This article describes the design, operation, and initial results of Regulation Room, a pilot public rulemaking participation platform created by a cross-disciplinary group of Cornell researchers in collaboration with the Department of Transportation. Regulation Room uses selected live rulemakings to experiment with human and computer support for public comment. The ultimate project goal is to provide guidance on design, technological, and human intervention strategies, grounded in theory and tested in practice, for effective Rulemaking 2.0 systems. Early results give some cause for optimism about the open-government potential of Web 2.0-supported rulemaking. But significant challenges remain. Broader, better public participation is hampered by 1) ignorance of the rulemaking process; 2) unawareness that rulemakings of interest are going on; and 3) information overload from the length and complexity of rulemaking materials. No existing, commonly used Web services or applications are good analogies for what a Rulemaking 2.0 system must do to lower these barriers. To be effective, the system must not only provide the right mix of technology, content, and human assistance to support users in the unfamiliar environment of complex government policymaking; it must also spur them to revise their expectations about how they engage information on the Web and also, perhaps, about what is required for civic participation

Rulemaking 2.0

In response to President Obama\u27s Memorandum on Transparency and Open Government, federal agencies are on the verge of a new generation in online rulemaking. However, unless we recognize the several barriers to making rulemaking a more broadly participatory process, and purposefully adapt Web 2.0 technologies and methods to lower those barriers, Rulemaking 2.0 is likely to disappoint agencies and open-government advocates alike. This article describes the design, operation, and initial results of Regulation Room, a pilot public rulemaking participation platform created by a cross-disciplinary group of Cornell researchers in collaboration with the Department of Transportation. Regulation Room uses selected live rulemakings to experiment with human and computer support for public comment. The ultimate project goal is to provide guidance on design, technological, and human intervention strategies, grounded in theory and tested in practice, for effective Rulemaking 2.0 systems. Early results give some cause for optimism about the open-government potential of Web 2.0-supported rulemaking. But significant challenges remain. Broader, better public participation is hampered by 1) ignorance of the rulemaking process; 2) unawareness that rulemakings of interest are going on; and 3) information overload from the length and complexity of rulemaking materials. No existing, commonly used Web services or applications are good analogies for what a Rulemaking 2.0 system must do to lower these barriers. To be effective, the system must not only provide the right mix of technology, content, and human assistance to support users in the unfamiliar environment of complex government policymaking; it must also spur them to revise their expectations about how they engage information on the Web and also, perhaps, about what is required for civic participation

Shedding Light on Transparency: An Analysis of the Breadth and Depth of Federal Agency Implementation of the Open Government Initiative in Online Environments

The Open Government Initiative (OGI) was signed by President Obama on January 21, 2009. The stated aims of the OGI are to promote transparency, participation, and collaboration in executive agencies. Implementation of the OGI focused initially on transparency and data integrity, particularly in online environments. Open government compliance is of interest to library and information science (LIS) professionals because it utilizes several core competencies taught during LIS graduate programs including data and knowledge management, outreach, collaboration, and data visualization. Managing OGI participation could be a growth area for LIS professionals because of its use of many components of library and information science. More than three years after the OGI was signed, no broad investigation of the level of agency participation with the OGI has been done. This paper reports on a study to determine how and why agencies are meeting or exceeding compliance minimums concerning online data transparency in online environments

Evaluation of public consultations and citizens' participation in 2015 Better Regulation Agenda of the EU and the need for a deliberative e-rulemaking initiative in the EU

This paper connects and disentangles three interrelated concepts: citizens’ participation; erulemaking (in a deliberative environment) and effective policymaking at the EU level. We critically evaluate public participation under the revamped 2015 ‘Better Regulation Agenda’ by focusing on the public consultations tool; examining it through the lens of deliberative democratic legitimacy; and assessing its potential to be more deliberative following the legitimacy evaluation framework of Schmidt (2013). The paper employs an innovative theoretical approach, which blends deliberative democracy, e-rulemaking with EU studies insights. Furthermore, it introduces a new legitimacy criterion we call ‘functional legitimacy’ which refers to an overarching principle and evaluative framework that should govern erulemaking initiatives from their design through implementation and evaluation. We examine the preconditions for e-rulemaking at the EU level on the principles of transparency, inclusiveness and evidence-based policy making

Federal Register

Daily publication of the U.S. Office of the Federal Register contains rules and regulations, proposed legislation and rule changes, and other notices, including "Presidential proclamations and Executive Orders, Federal agency documents having general applicability and legal effect, documents required to be published by act of Congress, and other Federal agency documents of public interest" (p. ii). Table of Contents starts on page iii

THE IMPACT OF MODERN INFORMATION AND COMMUNICATION TECHNOLOGIES ON SOCIAL MOVEMENTS

Information and communication technologies (ICTs) have empowered non-state social actors, notably, social movements. They were quick to seize ICTs in the past (printing presses, television, fax machines), which was a major factor in their successes. Mass email campaigns, blogs, their audio- and video- variants (the podcasts and the videocasts), social networks like Facebook and MySpace, and other tools, such as Twitter, are increasingly popular among the movements and their activists. The extremely rapid diffusion of new technologies has raised a lot of questions about their impact on many areas of life from macroeconomic consequences to interpersonal relations, including much comment on their impact on social movements. Social historians are even rethinking the whole history of media. However, up to this point, we have no broad view of how social movement organizations are making use of the media. What types of movements are making use of new media? In what way are they using them and for what purposes? Are they more common in younger organizations, or in organizations that operate on larger geographic scales? Does their use lead to a sense of democratic empowerment? To answer these questions, this study analyzes an internet-based survey of four populations of social movement organizations ranging from the local to the international in geographic scope (four specific populations analyzed are: Pittsburgh (USA), Poland, the international movements, and the movements with high visibility online). This dissertation explores the use (and the non-use) of ICTs in the first broad survey on their use by modern social movements. It provides a broad overview of the movement's demographics (location, range, goal) and their membership (size, activity). It details the diffusion and use of over twenty ICTs, analyzing the success stories of email, static websites, phones and social networking, as well as the relatively poor performance of blogs, podcasts and faxes. Primary research questions revolve around the blurring boundaries between members and non-members (unofficial supporters and volunteers), the use of new media (by whom and for what), and the consequences of those trends (such as opposition to professionalization, or the empowerment of activists)

Federal Register

Daily publication of the U.S. Office of the Federal Register contains rules and regulations, proposed legislation and rule changes, and other notices, including "Presidential proclamations and Executive Orders, Federal agency documents having general applicability and legal effect, documents required to be published by act of Congress, and other Federal agency documents of public interest" (p. ii). Table of Contents starts on page iii

Federal Register

Daily publication of the U.S. Office of the Federal Register contains rules and regulations, proposed legislation and rule changes, and other notices, including "Presidential proclamations and Executive Orders, Federal agency documents having general applicability and legal effect, documents required to be published by act of Congress, and other Federal agency documents of public interest" (p. ii). Table of Contents starts on page iii