CHALLENGE OF NEW MEDIA

 Legal and Policy Considerations for Federal Use of Web 2.0 Technology

The Obama campaign set a new model for how to spread information through new media and social networking technologies such as YouTube, Facebook, Twitter, and others. This paper addresses six key legal and policy issues that the Obama administration will have to address for WhiteHouse.gov and federal agency websites to use Web 2.0 widely and effectively.

1. Privacy: Perhaps the most important privacy concern is current guidance that limits the use of persistent cookies on federal websites, even though such cookies are a standard feature of many Web 2.0 applications

2. Access for those with disabilities: Section 508 of the Rehabilitation Act provides guidelines for making federal websites accessible to people with disabilities, including the visually and hearing impaired

3. Commercial endorsement and advertising: Current regulations prohibit government websites from commercially endorsing any product or service, and also ban advertising. Use of any one Web 2.0 service over another could be considered an endorsement, particularly if it involves including a company’s logo on a government website.

 4. Terms of service agreements: Federal employees and agencies are not allowed to accept any indemnification agreements, and most website terms of service use state, rather than federal, law to resolve legal disputes. No part of the federal government can therefore enter into a terms of service agreement unless it is modified to meet federal regulations.

5. The Paperwork Reduction Act and public records requirements: The PRA requires agencies to submit formal requests to the Office of Management and Budget before collecting information from the public. This does not appear to apply to user comments as long as federal websites do not require users to submit any information beyond personal identification, but will be an issue if the executive branch wants to collect any more specific information or conduct surveys.

BY MWAKINYUKE JEREMIA (BAPRM 37576)