E-Government & Transparency

The House and Senate have now both passed bills aimed at encouraging telework in the federal government. As anyone who has had to commute to work in the Washington DC area knows, the national capital area could probably use a good dose of telework to relieve traffic congestion.

According to Joe Davidson’s column in the Washington Post, “The inability or unwillingness of supervisors to manage staff members they can’t see has long been cited as a major reason” more federal employees don’t telework. This fits with what I’ve heard from some current or former federal managers.  “I have enough trouble getting work out of people when they’re in the office,” one remarked.

The legislation offers some simple solutions: Tell federal agencies they have to allow all employees to work remotely unless there’s some reason a position isn’t conductive to telework. And accompany that with training so that managers will be better equipped to manage employees who aren’t in the office.

I’m a big fan of telework. But one of the keys to making it work is holding employees accountable for results instead of inputs like time on task or time hanging around the office.  It’s possible to do this even when the desired results are hard to measure.  Universities, for example, evaluate professors based on the quality of their teaching and research, not the number of hours they spend preparing for class or writing. This system is hardly perfect, and some places do this better than others. But on balance, it works much better than telling professors they’ve fulfilled their obligation by showing up at the office 40 hours a week.

So the key question in making telework work in the federal government is, “How well do agencies hold individual employees accountable for results?”  Here, the federal government has a few handicaps to overcome. It’s hard to fire people for poor performance.  Pay is set by the federal pay scale, which does not necessarily create a direct link between pay and the value of the employee’s accomplishments to taxpayers. And agencies do not always create a clear understanding of how the individual employee’s contribution affects the results the agency is supposed to produce.

Granted, the federal government is probably better at dealing with some of these challenges now than it was 20 years ago, especially for the senior executive service. But most federal jobs are still a long way away from at-will employment with clear performance measures tied to the organization’s goals. This is a change that requires not just “more training” or “cultural transformation,” but also a redefinition of the terms of federal employment.

Given those circumstances, I think federal managers are justified in their concern that giving most employees the automatic right to telework could reduce productivity.  I can think of two ways to make telework work in the current federal employment environment:

1. Make people earn it. Employees who show they can get things done without a lot of supervision in the office are the most obvious candidates to be effective working remotely.

2. Mandate a trial period and evaluation. If you think it’s fair to guarantee the opportunity to telework to most employees, mandate only that it must be offered on a trial basis. Continuation depends on performance.

These are, of course, second-best solutions.  And there may be others.

Taxpayers Against Earmarks is a new effort to rid the federal legislative process of some of its most acute horse-trading: earmarks. Find it at the cleverly named URL, EndingSpending.com.

My project WashingtonWatch.com has worked to generate earmark transparency. Here’s the earmarks main page, and you should expect to see FY 2011 earmarks there soon.

Republicans earmarksThere’s little doubt that many spending earmarks are part of a subtle—or not-so-subtle—quid pro quo in which federal legislators buy votes by directing funds to favored home-state or home-district interests. Taxpayers Against Earmarks has a well-produced web site that invites people to sign up and join the anti-earmark effort.

Earmarked spending is a small part of the overall budget, of course, but earmarking is emblematic of the “favor factory” that Congress has become as the federal budget and federal power have bloated. Federal spending is appropriate in the small number of cases when it provides national public goods that benefit the country as a whole, but refurbishing local museums, funding projects at state universities, and requiring the military to buy from a particular defense contractor do not benefit the general welfare. Taxpayers Against Earmarks is working to begin the process of getting federal spending under control.

Don’t miss Radley Balko’s run-down on recording law enforcement at work.

The challenge is out there for rights groups and coders: fine-tune camera technology and remote storage so that evidence of police and government-agent behavior remains under the control of citizens and available to the public and courts.

J. C. R. Licklider (1915-1990) was early to expound on the potential of computing. His papers “Man-Computer Symbiosis” and “The Computer as a Communications Device” (both collected here) foresaw many of the uses we make of computers and the Internet today.

In Where Wizards Stay Up Late: The Origins of the Internet, Katie Hafner and Matthew Lyon write about “Lick’s” vision for computing’s influence on society:

In a McLuhanesque view of the power of electronic media, Lick saw a future in which, thanks in large part to the reach of computers, most citizens would be “informed about, and interested in, and involved in, the process of government.” He imagined what he called a “home computer console” and television sets linked together in a massive network. “The political process,” he wrote, “would essentially be a giant teleconference, and a campaign would be a months-long series of communications among candidates, propagandists, commentators, political action groups, and voters.”

My project WashingtonWatch.com is one of several efforts, however rudimentary, seeking to realize this vision. We’re working on it, Lick.

At yesterday’s Gov2.0 Summit conference, "rogue archivist" Carl Malamud gave a great speech about what’s wrong with government IT and what should be done about it.

Continue reading →

FCC.gov/developer

by on September 7, 2010 · 0 comments

Stung by criticism of its site as the “worst in government”—that mighta been Jerry Brito talking—the FCC has rolled out a new set of sites under a “Reboot” brand.

When I first saw the presentation on it at today’s Gov 2.0 Summit, I thought that the FCC has merely redone its web site, but it appears to be releasing data that can be re-purposed in any number of ways for true public oversight of the agency.

Developers, check out FCC.gov/developer and let us know what you think of it.

The Obama administration seems to be working to pull defeat from the jaws of victory on the president’s “Sunlight Before Signing” campaign promise. Whitehouse.gov sometimes posts bills as “pending” before they get out of Congress, when it’s premature to ask the public for a final review.

The problem is particularly acute today, as I note in a Cato@Liberty post:

H.R. 1586 is a “shell bill” that Congress has been batting back and forth, and it has covered various subject matters in its busy life. It indeed started out as a bill to tax the bonuses of executives in TARP-subsidized firms. When it passed the House, though, it had become the “Aviation Safety and Investment Act of 2010.” And this week it was amended in the Senate to contain a potpourri of spending and revenue programs. (WashingtonWatch.com cost estimate: $125 per U.S. family.)

Lets say a high schooler has been assigned by her teacher to monitor the bills President Obama receives from Congress. From the White House’s pending legislation page, she clicks on a link to find a bewildering hodgepodge of bill versions on the Thomas page for the bill. (Click on the image at right to see a screen capture.)

And none of the bill versions has passed Congress! Thomas, the Library of Congress’ legislative tracking service, tells visitors that the last bill listed is most recent. But the current version of the bill is item four of six, referrred to as the “XXXXXXAct ofXXXX.” Thanks to Whitehouse.gov, our high schooler is misled into believing that President Obama will soon sign a tax on bonsuses given to TARP-slurping executives when in fact a variety of other policies may soon pass.

The phrase, “well, 26 times, but who‘s counting?” has 26 letters and numbers in it. Each one in this Cato@Liberty blog post about the Obama administration’s moves toward implementing Sunlight Before Signing is a link to another post about Sunlight Before Signing. I do like to entertain me.

Recall that President Obama promised on the campaign trail that he would post bills Congress sends him online for five days before he signs them. His early performance was not good, but he’s improving and Whitehouse.gov took major steps in the last few weeks to advance the ball.

There are now RSS feeds on Whitehouse.gov’s new “pending legislation” page—the stuff getting that sunlight—as well as on the “signed legislation” and “vetoed legislation” pages. Readers of this blog certainly know how feeds can propagate information.

As I said in my C@L post, “A habit of civic awareness can take root thanks to these RSS feeds . . . . We’ll have a more engaged, self-governing citizenry as a result.”

Won’t you help with that process by using these feeds yourself, and by promoting them to others by writing about the feeds, forwarding this post, reTweeting and so on?

Thanks!

Sincerely,
Democracy

Those of you interested in transparency and “Government 2.0” issues will absolutely want to pick up Open Government: Collaboration, Transparency, and Participation in Practice, a terrific collection of 34 essays edited by Daniel Lathrop and Laurel Ruma. Much like Access Controlled, the collection of essays on global Internet filtering and censorship that I praised here last month, Open Government is a resource like no other in its field. It offers an amazing diversity of viewpoints covering virtual every aspect of the debate over transparency and open government.

The collection was published by O’Reilly Media and Tim O’Reilly himself has one of the best chapters in the book on “Government as a Platform.” “The magic of open data is that the same openness that enables transparency also enables innovation, as developers build applications that reuse government data in unexpected ways.” (p. 25)  This explains why in their chapter on “Enabling Innovation for Civic Engagement,” David G. Robinson, Harlan Yu, and Edward W. Felten, of the Center for Information Technology Policy at Princeton University, speak of “a new baseline assumption about the public response to government data: when government puts data online, someone, somewhere will do something valuable and innovative with it.” (p.84) “By publishing its data in a form that is free, open, and reusable,” they continue, “government will empower citizens to dream up and implement their own innovative ideas of how to best connect with their governments.” (p. 89)

Indeed, just think about some of the many exciting sites and projects (both public and private) that have been developed thanks to government data becoming more accessible in recent years. Here’s a short list of some of the best: Continue reading →

I participated last week in a Techdirt webinar titled, “What IT needs to know about Law.”  (You can read Dennis Yang’s summary here, or follow his link to watch the full one-hour discussion.  Free registration required.)

The key message of  The Laws of Disruption is that IT and other executives need to know a great deal about law—and more all the time.  And Techdirt does an admirable job of reporting the latest breakdowns between innovation and regulation on a daily basis.  So I was happy to participate.

Legally-Defensible Security

Not surprisingly, there were far too many topics to cover in a single seminar, so we decided to focus narrowly on just one:  potential legal liability when data security is breached, whether through negligence (lost laptop) or the criminal act of a third party (hacking attacks).  We were fortunate to have as the main presenter David Navetta, founding partner with The Information Law Group, who had recently written an excellent article on what he calls “legally-defensible security” practices.

Continue reading →