Web 2.0 tools could save rulemaking transparency

Web 2.0 technologies should be applied to e-rulemaking to get better results, according to a new white paper from Cornell Law School.

The authors advocate use of social media such as Facebook and Twitter to publicize upcoming regulations and their deadlines and procedures.

Federal agencies face several barriers in establishing effective and transparent online rulemaking programs and aren't likely to achieve success until they use Web 2.0 technologies to overcome those problems, according to a new white paper on “Rulemaking 2.0” from Cornell Law School.

Public participation in online rulemaking is hurt by ignorance of the process, lack of awareness of specific rulemaking formats and schedules and information overload and complexity, wrote authors Clair Cardie, Dan Cosley, Cynthia Farina and Mary Newhart.

“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,” said the report recently published online by the Social Science Research Network.


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Online rulemaking was a feature of President George W. Bush’s e-government agenda, and currently is being advanced at several federal agencies as a facet of the open government agenda of President Barack Obama. Online rulemaking dockets are available at Regulations.gov. Several federal agencies are fostering online rulemaking, including the Environmental Protection  Agency and the Federal Communications Commission.

The Cornell researchers collaborated with the Transportation Department to create RegulationRoom, a pilot platform for rulemaking with public participation. Ongoing RegulationRoom discussions involve two Transportation rules under development -- one that concerns airline passenger rights and one about texting while driving.