U.S. General Services Administration

Policy and Implications for Web 2.0 Technologies

Alexander KoudryOffice of Governmentwide PolicyIT Accessibility & Workforce Division

Alexander KoudryOffice of Governmentwide PolicyIT Accessibility & Workforce Division

Presented on December 15, 2009Presented on December 15, 2009

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Key Points

The internet-enabled collaborative technologies referred to here as Web 2.0 are evolving at a very rapid rate

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Key Points

The internet-enabled collaborative technologies referred to here as Web 2.0 are evolving at a very rapid rate

Most policies that apply to Web 2.0 are technology independent

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Key Points

The internet-enabled collaborative technologies referred to here as Web 2.0 are evolving at a very rapid rate

Most policies that apply to Web 2.0 are technology independent

Understanding existing laws, regulations, directives and guidance is critical when implementing Web 2.0

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GSA OGP

Manages government wide information technology policy activities including creation, facilitation, education and outreach

Manages policy requirements of .Gov domain 41 C.F.R. § 102-173.90

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Why We Have Policy

Safety Trust Security Rights of Ownership Equal Access Record Keeping

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Policy Areas Overlap

Other

Information Management

Equal AccessInformationAssurance

Technology

All the circles start out apart and glide over each other to make the overlap point.

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Policy Section

This content is arranged for convenience The list is representative, not exhaustive Any opinions expressed are those of the presenter, who is not a

lawyer Blue text are hyperlinks to referenced material

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Types of Policy Information Assurance

Security Identity Authentication Protection of Children Privacy

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Types of Policy

Information Management Information Exchange Dissemination Products Quality Intellectual Property Public Data Usability of Data Records Management

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Types of Policy

Equal Access to Citizens Who have disabilities Who have limited English proficiency Who do not have high speed Internet

Technology Linking to external servers Persistent cookies

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Types of Policy

R.A.P. Rulemaking Advisory Groups Procurement

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Security

OMB Memo M-05-04, NIST Special Publications 800-39 and 800-53. When government websites become two-way communities, it opens

the possibility of virus and other attack agents being inserted into the government environment. Many of the security policies in OMB Memo M-05-04 have implications for Web 2.0 technologies.

Agencies are required to provide adequate security controls to ensure information is resistant to tampering, to preserve accuracy, to maintain confidentiality as necessary, and to ensure that the information or service is available as intended by the Agency and as expected by users.

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Certification and Accreditation

Under the Federal Information Security Management Act (FISMA), and OMB guidance, a Certification and Accreditation (C&A) process is required on all Federal IT systems that utilize Web 2.0 implementations. This C&A activity must be performed by an independent third party auditing team and must conform to the Risk Management Framework of the National Institute of Standards and Technology.

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Identity Authentication of Users

OMB Memo M-04-04, NIST Special Publication 800-63. Agencies must decide the appropriate levels of openness, moderation,

authentication and attribution for use on Web2.0 interfaces. There is a balance between access, identity authentication, attribution, and concern for authoritative sourcing in the level of moderation that is needed on a site.

OMB Memo M-04-04 requires Agencies to perform a standardized risk assessment on all applications they put online. The risk assessment also identifies the Level of Assurance (LOA) of identity the application should require from an end user’s identity credential (userID/password pair, digital certificate or other identity management technology)

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Protection of Children

Children’s Online Privacy Protection Act (COPPA) Prohibits collection of individually identifiable information from

children Defines child as under the age of 13 In effect since April 21, 2000 FTC determines if a web site is directed to children

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Privacy

OMB Memo M-03-22 Federal public websites, including those using Web 2.0

technologies, are required to conduct privacy impact assessments, post privacy policies on each website, post a “Privacy Act Statement” that describes the Agency’s legal authority for collecting personal data and how the data will be used

Agencies must post privacy policies in a standardized machine readable format such as the Platform for Privacy Preferences Project

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Management of Information Exchange

OMB Circular A-130 and the Paperwork Reduction Act Agencies are required to disseminate information to the public in a

timely, equitable, efficient, and appropriate manner Required to establish and maintain Information Dissemination

Product Inventories. Must consider disparities of access and how those without internet

access will have access to important disseminations. Alternative strategies to distribute information to meet needs above

should be developed alongside any utilization of Web 2.0 tools.

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Accountability for Information Dissemination Products E-Government Act, Section 207 Agencies are required to develop priorities and schedules for

making government information available and accessible to the public

Inventories must be posted on Agency websites. The annual E-Government Act report to OMB must contain

information on the final inventories, priorities and schedules. Agencies required to implement and maintain an Information

Dissemination Management System.

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Information Quality

Information Quality Act, Pub. L. No. 106-554Agencies are required to maximize the quality, objectivity, utility, and integrity of information and services provided to the public.

With regard to Web 2.0 information dissemination products, Agencies must reasonably ensure suitable information and service quality consistent with the level of importance of the information.

Reasonable steps include: 1) clearly identifying the limitations inherent in the information

dissemination product (e.g., possibility of errors, degree of reliability, and validity)

2) taking reasonable steps to remove the limitations inherent in the information, and

3) reconsidering delivery of the information or services.

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Intellectual Property

Copyright.gov, U.S. Trademark Law The ease of copying and propagating data from many sources on

the internet makes it very easy to unintentionally breach copyright laws.

Web 2.0 technologies that allow public contribution of content can create challenges regarding the protection of Intellectual Property contributed by visitors.

Agencies must establish policies and post clear disclaimers detailing the copyrights that non-government contributors to their sites may retain.

Agencies must be diligent to ensure that they consider existing intellectual property and copyright laws when implementing Web 2.0 technologies.

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Public Data

Copyright.gov, U.S. Trademark Law The Federal government typically provides public data which is

not considered copyrightable intellectual property Government content on any site is generally public domain and

therefore can not become the intellectual property of an individual or be protected by a site provider.

Care must be taken to not create the appearance of a copyright on a government created work, unless specifically permitted by statute.

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Linking to External Services

OMB Memo M-05-04 Many Web 2.0 services are hosted outside government websites.

Example:Media sharing services like YouTube. Agencies are required to establish and enforce explicit Agency-wide

linking policies that set out management controls for linking beyond the Agency to outside services and websites.

Disclaimers detailing the level of moderation found on third party sites are often appropriate on these notification screens.

Pop-up or intermediary screens should be used to notify users that they are exiting a government website.

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Usability of Data

OMB Memo M-05-04 Many Web 2.0 technologies allow users to take data from one

website and combine it with data from another, commonly referred to as “Mashups.”

Agency public websites are required, to the extent practicable and necessary to achieve intended purposes, to provide all data in an open, industry standard format that permits users to aggregate, disaggregate, or otherwise manipulate and analyze the data to meet their needs.

Agencies need to ensure that these open industry standard formats are followed to maximize the utility of their data.

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Records Management and Archiving

OMB Circular A-130, “Management of Federal Information Resources,” section 8a4 and Implications of Recent Web Technologies for NARA Web Guidance

When using electronic media the regulations that govern proper management and archival of records still apply.

Agencies need to evaluate their use of Web 2.0 technologies and determine the most appropriate methods to capture and retain records on both government servers and technologies hosted on non-Federal hosts.

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Persistent Cookies

OMB Memo M-03-22 Federal websites are prohibited from using persistent cookies

and other web tracking methods unless their use has been approved by an Agency head or designated Agency sub-head, for a compelling need.

When approved in this fashion, Agencies must post clear notice of the nature of the information collected in the cookies, the purpose and use of the information, whether or not and to whom the information will be disclosed, and the privacy safeguards applied to the information collected.

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Equal Access to Citizens Who Have Disabilities

Section 508 of the Rehabilitation Act of 1973 Requires that electronic and information technologies purchased,

maintained, or used by the Federal Government meet certain accessibility standards.

These standards are designed to make online information and services fully available to the 54 million Americans who have disabilities

Agencies implementing Web 2.0 services must pay particular attention to complying with the requirements of Section 508.

Agencies employing non-Federal services to provide Web 2.0 capabilities are also required to ensure that persons with disabilities have equivalent access to the information on these third party sites as required in Section 508.

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Equal Access to Citizens Who Have Limited English Proficiency

Commonly Asked Questions and Answers Regarding Executive Order 13166 and Executive Order 13166

Executive Order 13166 requires that Agencies provide appropriate access to persons with limited English proficiency.

The scope of this requirement encompasses all “federally conducted programs and activities,” Anything an Agency does, including using Web 2.0 technologies to communicate and collaborate with citizens, falls under the reach of the mandate.

Under this Executive Order, Agencies must determine how much information they need to provide in other languages based on an assessment of customer needs.

As before, the requirements for Web 2.0 implementations are no different than those required for other electronic formats.

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Equal Access to Citizens Who Do Not Have High Speed Internet OMB Circular A-130 section 8 (See a5(d)) and Appendix IV Agencies are required to provide members of the public who do not have

internet connectivity with timely and equitable access to information, for example, by providing hard copies of reports and forms.

For the most part, using Web 2.0 technologies as an exclusive channel for information distribution would prevent users without internet access, including economically disadvantaged persons, from receiving such information.

In addition, some Web 2.0 services require high speed internet access and high bandwidth, which may not be available in rural areas or may be unaffordable.

In general, this requirement is no different for Web 2.0 implementations than it is for other electronic service offerings. Programs must simply make alternative, non-electronic, forms of information dissemination available upon request.

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Rulemaking

Web 2.0 technologies may provide a medium to allow many ideas to be surfaced and easily discussed.

Using new media does not relieve the agency from the established process of public rulemaking which includes publication in the Federal Register (electronically and on paper for those without computer access) and a public comment period.

The consolidated web presence for rulemaking is Regulations.Gov, which allows views of all pending regulations, RSS feeds of new postings and permits submission of comments. The site also permits the online reconciliation of all comments

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Advisory Groups

FACA Some uses of Web 2.0 technologies may meet the functional

definition of a virtual or electronic advisory group and therefore fall under the purview of the Federal Advisory Committee Act (FACA).

Any advisory group, with limited exceptions, that is established or utilized by a federal Agency and that has at least one member who is not a federal employee, must comply with the FACA.

To find out if a group comes under the FACA, any individual may contact the sponsoring Agency's Committee Management Officer, or the GSA Committee Management Secretariat.

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Procurement

Federal Acquisition Regulations Small Business Utilization

Many, if not most of these policies are supported by procurement law.

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How to ensure policy compliance when developing web 2.0 applications

Use a planning process that begins with needs Identify applicable policies to your project Make policy compliance part of your contracts for goods and

services Determine policy metrics to include in contracts Measure to ensure that policy is followed Remediate where necessary

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Thank you

Contact Information Alex Koudry alex.koudry@gsa.gov

Questions?