Inside the Beltway (Politics)

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.

I encourage tech policy wonks in Washington to attend next week’s (Oct. 5th) Information Technology and Innovation Foundation event on “A Guide to the Internet Political Landscape,” which will feature the release of Rob Atkinson’s new report, “Who’s Who in Internet Politics: A Taxonomy of Information Technology Policy Perspectives .”  The report identifies nine distinct groupings shaping Internet policy and how these groups view key Internet policy issues, including net neutrality, copyright, and privacy.

Rob is one of my very favorite people in Washington and I always look forward to everything he does–even when I disagree with him!  I remember a great debate we had a decade ago when he invited me to critique his paper on “The Failure of Cyber-Libertarianism: The Case for a National E-Commerce Strategy.”  And at the end of the debate he conceded that I was correct and he immediately converted to the libertarian movement.  No, not really!  But it was a hell of a fun time.

I hope for a repeat for some of that fun as Rob was kind enough to ask me to comment on his new “Who’s Who in Internet Politics” paper as next week’s event along with Morgan Reed of the Association for Competitive Technology.  Rob asked me to peer review an early draft of the study and I can assure you it will make a splash.  Come on over to ITIF next Tuesday, October 5th at 9:30am to hear us discuss it.  You can RSVP here.  Location is 1101 K Street NW, Suite 610.

At ten A.M. Pacific this morning, CNET News.com asked if I could write an article unraveling the legal implications of a rumored deal between Google and Verizon on net neutrality. I didn’t see how I could analyze a deal whose terms (and indeed, whose existence) are unknown, but I thought it was a good opportunity to make note of several positive developments in the net neutrality war this summer.

Just as I was finishing the piece a few hours later, another shocker came when the FCC announced it was concluding talks it had been holding since June with the major net neutrality stakeholders. It’s possible the leaked story about Google and Verizon, and the feverish response to it, whipped up by the straggling remnants of a coalition aimed at getting an extreme version of net neutrality into U.S. law by any means necessary, soured the agency on what appeared to be productive negotiations. Or maybe they’ve just gone as far as they can for now. Continue reading →

Sen. Amy Klobuchar just released a letter to Facebook demanding the site require “a prominent safety button or link on the profile pages of users under the age of 18″—akin to the so-called “panic button” app launched earlier this week by the UK’s Child Exploitation & Online Protection Centre (CEOP). She doesn’t seem to realize that this app is available to all Facebook users, not just those in the UK. But her focus on empowerment tools and education is admirable, and it’s certainly a fair question to ask what sites like Facebook and MySpace are doing in these areas.

Unfortunately, Klobuchar’s letter also engages in blatant fear-mongering:

Recent research has shown that one in four American teenagers have been victims of a cyber predator.  And when teens experience abusive behavior online, only ten percent discuss it with their parents and even fewer report the misconduct to law enforcement.  It’s clear that teenagers need to know how to respond to a cyber attack and I believe we need stronger reporting mechanisms to keep our kids safe.

Klobuchar doesn’t actually cite anything, so it’s not clear what research she’s relying on. The 25% statistic is particularly incendiary, suggesting a nationwide cyber-predation crisis—perhaps leading the public to believe 8 or 9 million teens have been lured into sexual encounters offline. Perhaps the Senator considers every cyber-bully a cyber predator—which might get to the 25% number. But there are two serious problem with that moral equivalence.

First, to equate child predation with peer bullying is to engage in a dangerous game of defining deviancy down. Predation and bullying are radically different things. The first (sexual abuse) is a clear and heinous crime that can lead to long-term psychological damage. The second might be a crime in certain circumstances, but generally not.  And it is even less likely to be a crime when it occurs among young peers, which research shows constitutes the vast majority of cases. As Adam Thierer and I noted in our Congressional testimony last year, there are legitimate concerns about cyberbullying, but it’s something best dealt with by parents and schools rather than prosecutors (like Klobuchar in her pre-Senate career).

Second, a series of official taskforces have concluded that the cyberpredator technopanic is vastly overblown. Continue reading →

Congressmen working on national intelligence and homeland security either don’t know how to secure their own home Wi-Fi networks (it’s easy!) or don’t understand why they should bother. If you live outside the Beltway, you might think the response to this problem would be to redouble efforts to educate everyone about the importance of personal responsibility for data security, starting with Congressmen and their staffs. But of course those who live inside the Beltway know that the solution isn’t education or self-help but… you guessed it… to excoriate Google for spying on members of Congress (and bigger government, of course)!

Consumer Watchdog (which doesn’t actually claim any consumers as members) held a press conference this morning about their latest anti-Google stunt, announced last night on their “Inside Google” blog: CWD drove by five Congressmen’s houses in the DC area last week looking for unencrypted Wi-Fi networks. At Jane Harman’s (D-CA) home, they found two unencrypted networks named “Harmanmbr” and “harmantheater” that suggest the networks are Harman’s. So they sent Harman a letter demanding that she hold hearings on Google’s collection of Wi-Fi data, charging Google with “WiSpying.” This is a classic technopanic and the most craven, cynical kind of tech politics—dressed in the “consumer” mantle.

The Wi-Fi/Street View Controversy

Rewind to mid-May, when Google voluntarily disclosed that the cars it used to build a photographic library of what’s visible from public streets for Google Maps Street View had been unintentionally collecting small amounts of information from unencrypted Wi-Fi hotspots like Harman’s. These hotspots can be accessed by anyone who might drive or walk by with a Wi-Fi device—thus potentially exposing data sent over those networks between, say, a laptop in the kitchen, and the wireless router plugged into the cable modem.

Google’s Street View allows you to virtually walk down any public street and check out the neighborhood Continue reading →

Sen. Joe Lieberman’s Protecting Cyberspace as a National Asset Act of 2010 (“PCNAA”) would give new cybersecurity bureaucracy sweeping new powers over virtually all private communications infrastructure in the United States, warns PFF Senior Adjunct Fellow Jim Dunstan in a new PFF paper. Jim walks through the bill’s broad definitions and explains the dangers in giving such vast, imperial powers to the President. With the bill out of committee and moving towards the Senate floor, this fight’s just getting started! Continue reading →

Politics and extortion share a similar logic: Give to the one who can hurt you the most.

I’m recuperating today after wrist surgery #2 but I just had to say something about a hugely important proposal introduced today that would bring us one step closer to information socialism. No, I’m not talking about the discussion draft privacy bill released today by Reps. Boucher & Stearns (which Adam and I already commented on here) but about the amendment introduced today by Sen. Udall that would “require credit-rating agencies to divulge credit scores, free of charge, to consumers when they access their free annual credit report.”

Actually, there is an important analogy between the two bills: both will have populist appeal because they can claim to giving consumers a “right” to “their” information—but both would impose real costs that will ultimately be borne by consumers. On the privacy side, Adam Thierer and I have warned repeatedly that data collection is critical to the online advertising that supports the publishers of the Internet’s cornucopia of content and services. Everyone takes this for granted but few of us really think about the quid pro quo at work: users receive “free” content and services in exchange for seeing advertising and sharing data about their browsing habits, which makes advertising more relevant to them, more effective for advertisers, and therefore more profitable for publishers.

Unfortunately, a similar free lunch mentality is at work with credit scores. If we think about them at all, most of us probably resent and/or fear them. Yet credit scores, and the entire credit reporting system, are truly one of the wonders of information capitalism and a boon for consumers. Before they developed, lending decisions were far riskier because lenders didn’t really know whom to trust with their money. Thus they had to build in a risk premium into their interest rates to account for the fact that some users might default or fall behind on payments. This punished good borrowers and rewarded bad ones. Getting a loan was difficult, often required special connections, and was often arbitrary and thus sometimes downright discriminatory.

This situation was bad for everyone. While nobody likes being in debt, we often forget how radically empowering credit can be in allowing us to expand our opportunities in life. Continue reading →

CNet‘s Declan McCullagh has a great piece about the politics of actually implementing the ECPA reform principles announced today by the Digital Due Process Coalition, which PFF, CEI and Net Coalition all proudly signed on to along with a number of other think tanks, advocacy groups, and leading tech companies.  Ryan and I explained earlier today how these proposals would Protect Americans’ Privacy by Restoring Constitutional Limits to Government.

As I note at the end of the article:

“This is an opportunity for President Obama to show that he understands President Reagan’s central lesson: ‘Government is not the solution to our problem—government is the problem,'” says Berin Szoka, an attorney at the Progress and Freedom Foundation. “These proposals offer a sensible, long-overdue way of protecting us from the real Big Brother, our government, without crippling law enforcement or the private companies that keep giving us all wonderful new content and services, mostly for free.”

This is a point Adam Thierer and I have made repeatedly in the debate over how to deal with concerns about online privacy. Check out our/my key pieces on this point:

Just in case you missed Adam Thierer’s unhinged rant, My Swan Song Moment: I Will Take Elmo Hostage in the Name of First Amendment Freedoms!, you’ll want to go back and read it after watching this:

Not exactly a highpoint in the history of deliberative democracy or rhetoric (in the best sense), but I suppose it beats wading through the 376 page National Broadband Plan… Anyway, given all this talk about increasing funding for the Corporation for Public Broadcasting as a way of “saving media,” I do have to wonder: Just how far will we go in allowing taxpayer-funded muppets to rally public support for this (or future) administration’s policy agenda? I mean, if the White Houe had put Oscar the Grouch on national TV to lobby for health care socialization “reform” by explaining whatever trash-related chronic medial conditions are responsible for making him so darn cranky, I think some folks would rightly have been upset.

Yes, I’m trying to be funny here but, seriously, where’s the line between harmless fun and… inappropriate use of taxpayer-funded resources for political purposes? I’m not sure. The administration probably crossed that line last September when President Obama gave a speech to kids and the Department of Education sent a proposed lesson plan to schools nationwide (later withdrawn) suggesting that pre-K-6 teachers have their students “write letters to themselves about what they can do to help the president.” But is Elmo’s meeting with Chairman Genachowski ok as a way of rallying kids—and, more importantly, their parents and everyone else who finds it cute—around a policy agenda? Any thoughts on where this line should be drawn?