The Challenge: In order to foster innovation and the use of new media by agencies, what laws or policies might need to change or how might we look at ways to apply them in the context of a changing technological environment?
What We’ve Heard from You: We had several dozen thoughtful comments from you about policies such as the Paperwork Reduction Act, Federal Cookies Policy, Records Management, and the Federal Advisory Committee Act as well as suggestions of other policies and how the relate to the adoption of new technologies in agencies. Now we need to decide what actions, if any, to take to foster innovation. Translate your suggestions into actionable recommendations for next steps.
Drafting Directions: Review the comments from the
Discussion blog as well as
comments made by government employees and review the submissions in
From the Inbox. Incorporating earlier input, you may write your own draft, or combine and edit those of others to create a new one.
Writing policy requires translating good ideas into clear, specific directions for practical implementation. Hence a good recommendation will be no more than 4 sentences and a set of recommendations will be no more than 1 page. To be of maximum use, a recommendation should address:
- Who is being directed to do something? (e.g. “All agencies must…”)
- What is the institution being directed to do?
- Why is it important that they do so?
- How will success be measured?
Note that per the
terms of use, your drafts are expected to be (among other things) civil and on-topic. We are depending upon you, the community, to help maintain the quality of this process, by reporting drafts which appear to violate these terms. Once reported a sufficient number of times, drafts will be submitted for moderator review. They will then be republished in their original place, republished as an
"off-topic" draft, or archived off-line.
Return to
Open Government Directive, Phase Three, or to the
OSTP Blog.

This Policy is to set "Term Limits on Congress". Two terms seperated by two to four years. If you are a member of Congress you can't run for office until you have not been a member for the past two to four years.
An "adversarial relationship" exists between the government and it's citizens. Most federal agencies will accept complaints but do not respond, or the only response is that the agency does not have enough enforcement personnel. Issue an Executive Order, or preferably legislation, requiring government agencies to respond to citizen inquiries and complaints and to take positive action when necessary.
The FBI enforces the civil rights acts but I was informed that due to the lack of agents, they only respond to situations involving death or serious bodily injury. If I am kidnapped, held against my will at the Ritz Carlton and well treated, no local state or federal agency cares. If my local police department discourages complaints by intimidating, or retaliation against, complaints there is nowhere to complain. Police brutality is not punished unless the occasion is video taped and given to the media.
No one in the federal government I have spoken with knows that the Americans With Disabilities Act applies to people with mental disabilities. And few state court judges even know about the ADA and it's provision overriding state immunity laws that permits a victim to sue the judge personally.
Most state and federal laws grant victims a civil right of action against the government or other persons as a consequence of legal violations. It seems that congress is unaware that the cost of a lawsuit is prohibitive for the average person and the vast majority of violations unremedied. A citizen cannot get justice without an expensive adversarial legal encounter. Defendants don't care if the plaintiff is damaged. Their function is to use any means to avoid liability.
The government mantra, "we don't have enough...[resources]" is no excuse for non-enforcement of the law. Where there is no enforcement, there may as well be no law.
The world is not full of hungry lawyers waiting to take any case on a contingency. The fact is that a lawyer will not put out his own money to prosecute a lawsuit unless the chances of winning are very high and the amount of damages huge - such as death or severe personal injury.
Governmental agencies should employ enough personnel to aggressively enforce the laws within their jurisdiction and, where appropriate, to secure financial settlements on behalf of victims who cannot afford to help themselves.
Each governmet agency should have an ombudsman or strongly empowered enforcement division charged with enforcment on behalf of citizens who lack the funds to prosecute a lawsuit. Citizens should be able to submit complaints via e-mail or regular mail if the complaint requires documentation.
This system will be costly but it seems to me that the multitude of well funded private foundations can legally be required to finance this project as a public service. Success can easily be measured by statistics showing the number of compalints lodged, the number of cases closed and the outcomes.
Memorandum of Transparency and Open Government calls for a level of openness in government not seen in the USA before. According to the memo, such an open government needs to be based on transparency, participation, and collaboration.
When democracy arose in Athens in the sixth century BC, all free men participated in gatherings where they freely debated policies that should be pursued by the Athenian government. Today, with technology that makes rapid communication very facile, introducing new tools such as social networking concepts even into government is possible. This facilitates bringing together individuals in an effective, internet-based network groups, seeking to debate and find solutions to important social issues faced by our society. Our governance should be based on such give-and-take discussion among all citizens.
It has been argued that open government is a contradiction in terms you can be open or you can have government. It will indeed be a historic step should the initiative lead to the creation of government of the people, by the people, for the people. So far the initiative looks at best to generate a collection of opinions offered by a small proportion of citizens, opinions to be considered or not by the Executive Departments of the US Government.
Each Citizen must play his/her role!
It will take much more than the current initiative to develop an open-government system that is effective in reaching correct decisions with a very active and comprehensive participation of its citizens.
Provided that the successive elected US Governments will indeed commit to open government principle, an important next steps will involve finding optimal ways
to define problems to be tackled and solved,
to establish an effective mechanism by which discussions are conducted to generate and agree possible solutions, and
ultimately to find ways effectively to implement such solutions to achieve the desired result.
In a democratic system we will need to find ways of implementing our solutions through influencing others both the powers to be and the public opinion in general, through publications, direct communications, explaining, educating, convincing, etc.
How far can open government go in this direction? There are constitutional constraints on how we govern the USA. But this shouldnt stop us from raising challenging questions on important issues. It is unlikely that self-regulating social networks would replace the government in the near future but it should be possible to start creating policies by communities of interest comprised of people who are most heavily affected by them.
Ultimately, how well this is going to turn out will depend on how citizens respond to this challenge. Not only will our system of government need to respond to citizens pressure, but our citizens own attitude to openness, honesty, fairness and tolerance will need to evolve and transform right across the board. We need to alter our culture even more
Individuals who would change what's wrong must be able to address the POLICY or ISSUE that is wrong to offer the change they want. This Open Government effort addresses the fact.
To ADDRESS policy or issues, they must be organized in a RESTATEMENT that is relatively easy for ordinary citizens to read and quickly understand.
The ORGANIZATION of the restatement will require a TABLE OF CONTENTS no longer than a single page.
From the top level Table of Contents, the Restatement may require additiona sub-topical Tables.
Finally, individuals must be able to find restated policies or descriptions of issues that are very close to the "what's srong" they want to change..
At this point MIXED INK or a similar (perhaps even simpler) collaborative writing system must allow the INDIVIDUAL to re-write a paragraph (or sentence or word) of the RESTATEMENT to be sent to editors and policy makers for consideration. (In Mixed Ink we amateurs have these professional tasks).
The CHANGE offered should have about a month to penetrate the restatement or NOT. During that month the individual who is attempting change should be informed by the system automatically of who is commenting on it (or the team that is commenting on it).
Where the OFFERED CHANGE is really good but not immediately doable, the participation system should keep the change moving toward eventual positive effect on the RESTATEMENT with the citizen automatically informed of where it is.
The Restatement would NOT be the actual LAW. But it would reflect the law in laymans language. Therefore, the Restatement would be in two colors: black ink sentences reflecting the LAW and red ink sentences reflecting CHAGES in mind the administration intends in order to improve POICY and CONDITIONS that create the ISSUES.
The federal cookie policy, while written to protect privacy for website users, is now outdated both due to advances in technology and changes in user expectations. Current federal policy makes it almost impossible to use cookies and other user tracking technology. However, cookies can also be used to provide benefits to the user and added functionality for the website.
The Office of Management and Budget should revise the policy so that it can guide agencies in the use of tracking technologies. The current policy need to be revised in order to better reflect the realities of agency culture, of user expectations, and technological progress. In addition, these guidelines should reflect fair information practices in allowing users to make choices about the information that is collected when they visit federal websites.
The cookie policy should continue to require operators of Federal web sites to provide clear and conspicuous notice of the use of cookies, to demonstrate a compelling need to gather data through cookies, and to publicly disclose the privacy safeguards in place for handling any information derived from the use of the cookies.
The cookie policy should be updated so that top agency officials do not need to be involved in technical decisions about cookies or other tracking technologies. Instead, visitors to federal Web sites should be given direct control over whether or not their activities on the sites are tracked using any sort of tracking technology.
The cookie policy should be updated to allow the use of opt-in cookies, with a narrow exception for the use of analytics (the single case where an opt-in would not be workable). In cases where a persistent identifier such as a cookie ID is used for a single function, such as retaining login information across site visits, users should be offered an explicit choice of either storing the identifier or logging in each time. This is a well-know paradigm, with "remember me" preferences below most login areas online.
In addition, services offered with a cookie or other tracking technology should also be offered without the tracking. For example, video could be provided both through a service that sets a cookie and through the Federal web site directly. Access to government information and services should not depend on whether or not users allow their information to be collected or identifiers placed on their computer.