Social Media in Rulemaking

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Committee: 
Social Media in Rulemaking in stage 8. Implementation

Project Stages:

1. Gather ideas - Completed
2. Select ideas - Completed
3. Council approval - Completed
4. Picking a researcher - Completed
5. Committee consideration - Completed
6. Back to the council - Completed
7. Consideration by the full conference - Completed
8. Implementation - Current
Stage:  
8. Implementation

Contacts

Staff Counsel
202.480.2086
ebremer@acus.gov
Committee Chair
Retired (Former U.S. Department of Transportation Assistant General Counsel for Regulation and Enforcement)
Consultant
Arthur Kaplan Professor of Law and Co-Director, Floersheimer Center for Constitutional Democracy
Benjamin N. Cardozo School of Law

This study examined various policy and legal issues agencies face when using social media to support rulemaking activities.  It evaluated whether and when agencies should use social media to support rulemaking activities and sought to define applicable legal and policy constraints on agency action, resolve legal uncertainty to the greatest extent possible, and encourage agencies to find appropriate and innovative ways to use social media to facilitate broader, more meaningful public participation in rulemaking activities.  

On September 17, 2013, the Conference co-sponsored a workshop for this project with the George Washington University Center for Regulatory Studies.  Video of that event is available here:

 

 

 

 

 

 

 

Final Recommendation

Recommendation 2013-5, “Social Media in Rulemaking,” provides guidance to agencies on whether, how, and when social media might be used both lawfully and effectively to support rulemaking activities.

Implementation

In the past several years, the Administrative Conference has adopted a number of recommendations that address various subjects related to e-Rulemaking.  These recommendations share a common focus and goal and represent incremental contributions to an evolving body of work.  The Conference is accordingly pursuing joint implementation of these recommendations, including the following:

Recommendation 2011-1, Legal Considerations in e-Rulemaking.  This recommendation provides guidance on various legal issues agencies face in e-Rulemaking, including how to efficiently and effectively deal with large numbers of identical comments and how to transfer paper comments to electronic dockets.

Recommendation 2011-2, Rulemaking Comments.  This recommendation identifies best practices in the comment process, including with respect to minimum comment periods, reply comments, late comments, and anonymous comments.

Recommendation 2011-8, Agency Innovations in e-Rulemaking.  This recommendation suggests ways in which agencies can improve their websites to facilitate public accessibility and engagement in the rulemaking process, so as to achieve the promise of e-Rulemaking.

Recommendation 2013-5, Social Media in Rulemaking.  This recommendation provide guidance to agencies on whether, when, and how to use social media to lawfully and effectively support rulemaking activities.

Agencies that are planning or pursuing innovative strategies to leverage technology to improve public engagement in the rulemaking process are encouraged to consider these recommendations.  They are also invited to contact staff counsels Emily S. Bremer or Reeve T. Bull with any questions, concnerns, or updates related to these activities.  Suggestions for new studies that may lead to recommendations further contributing to this body of work are also welcome.

Project Documents

Namesort descending Committee Type Date
Committee on Rulemaking Meeting Agenda Rulemaking Agenda March 22, 2013 Download
Committee on Rulemaking Meeting Agenda Rulemaking Agenda November 14, 2012 Download
Committee on Rulemaking Meeting Minutes Rulemaking Meeting Minutes November 14, 2012 Download
Committee on Rulemaking Meeting Minutes Draft Rulemaking Meeting Minutes March 21, 2012 Download
Draft Social Media in Rulemaking Recommendation Rulemaking Recommendation October 24, 2013 Download
Final Social Media in Rulemaking Report Rulemaking Report November 21, 2013 Download
March 25, 2013 Meeting Minutes Rulemaking Meeting Minutes November 6, 2013 Download
November 13, 2013 Meeting Agenda Rulemaking Agenda November 12, 2013 Download
November 6, 2013 Meeting Agenda Rulemaking Agenda November 1, 2013 Download
Proposed Amendments to Social Media Recommendation Rulemaking Recommendation December 3, 2013 Download
Proposed Social Media Recommendation Rulemaking Recommendation November 15, 2013 Download
Revised Draft Social Media Recommendation Rulemaking Recommendation November 7, 2013 Download
Revised Draft Social Media Recommendation Redline Rulemaking Recommendation November 7, 2013 Download
Siciliano Comments on the Draft Social Media Recommendation Rulemaking Member Comment November 4, 2013 Download
Social Media in Rulemaking Rulemaking Recommendation December 5, 2013 Download
Social Media in Rulemaking First Draft Report Rulemaking Report March 15, 2013 Download
Social Media in Rulemaking RFP RFP June 8, 2012 Download

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