Move to Open Government Electronically

The federal government, with its tangle of agencies and regulations, has never played particularly well on the Internet, where fast-flying facts prevail.

By REBECCA FAIRLEY RANEY NY Times

As things now stand, conducting a search of federal databases on topics like toxic waste or the safety of frozen pizzas can be a frustratingly complex task. Toxic waste is handled by a half-dozen different agencies, all of which run their own Web sites and adhere to different policies about posting reports. And frozen pizzas are inspected by two different agencies — the Food and Drug Administration for cheese pizzas and the Department of Agriculture if the pies have meat toppings — each with its own approach to record keeping.
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Until now, separate agencies have had neither motive nor means to collaborate on making their information and services easier to use online.

In the next year, though, a new Office of Electronic Government is to start removing information barriers between federal agencies to give the public easier online access to data and services. That is the mandate of the E-Government Act, which President Bush signed last week.

The new office is charged with organizing the various services, rules and reports issued by the government in ways that make sense to the public. The law, which was written by Senator Joseph I. Lieberman, Democrat of Connecticut, allocates $45 million to an e-government fund this year. That fund will grow to $150 million in four years.

The new law’s goals have broad support, even though some experts question whether breaking those barriers could undermine the independence of federal agencies and create unprecedented invasions of individuals’ privacy. But few would argue that the current hodgepodge of federal Web sites does not need an overhaul.

"Most people don’t know what federal agencies do," said Darrell M. West, who studies government Web sites as director of the Taubman Center for Public Policy at Brown University. "We’ve had a real Tower of Babel in e-government in which each agency designs its own site."

But he noted that some government employees fear the implications of the new e-government push. "This is consistent with the Bush philosophy about homeland security — not having unions, running in a more corporate style," Professor West said. "This could be a device to drive that agenda."

One provision in the new law, for example, is for a "digital tech corps," which allows technology workers from corporations to work for government agencies in an exchange program. And while government employees are accustomed to working regular business hours, e-government services would operate around the clock.

The requirements of the new law create more work for federal agencies as well. In the past, agencies arbitrarily decided what information to post on their Web sites. Now, they must establish public comment periods and take public opinion into account when deciding what information to publish online.

The law also requires agencies to conduct a "privacy impact assessment" every time they buy new technology systems. That assessment would require an agency to go through a checklist to determine whether the technology could lead to abuses of personal information.

Even with this requirement, the push under the new law to link government databases is a concern to some government watchdogs. One provision of the bill encourages the creation of a single software protocol that for the first time would enable disparate government computer systems to communicate. That could allow the compilation of dossiers and databases not previously practical.

"At a certain level, that’s good government," said James X. Dempsey, the deputy director of the nonprofit Center for Democracy and Technology in Washington. "The flip side of it is, some of our privacy protections have been almost accidental, in that information was difficult to find."

Advocates of privacy rights have become particularly touchy about the notion of linking government databases in light of the Defense Department’s proposed Total Information Awareness program, which, among other measures, would enable the government to monitor every American citizen’s bank transactions, tax filings, driving records, credit card purchases, medical records, telephone calls and e-mail exchanges in the name of fighting terrorism.

And yet, if members of the public disapprove of the actions of federal agencies, the E-Government Act provides new ways to complain.

Under the law, every regulatory agency must establish a Web site to collect and post public comments on every rule it considers. For example, if the Federal Aviation Administration were considering a new rule about air travel, members of the public would be able to comment on the rule by e-mail messages and to read comments from others.

"You can complain about government using technology for surveillance, but government can also use it to become more accountable," said Steven Clift, editor of the Democracies Online Newswire.

The requirement to collect public comments online could bring changes to the cultures of regulatory agencies, which typically receive comments only from small groups of highly specialized lawyers who represent consumer groups and regulated corporations.

"To have government be the host of this sort of deliberation is a significant step forward for e-democracy," Mr. Clift said. "It creates transparency around those attempting to politically influence rules and regulations," he said, noting that under the traditional system, "you don’t know where your comments go, and you don’t know how your comments compare to those of other people."

The law also places the executive branch far ahead of Congress in terms of a uniform approach to the Internet. Members of Congress decide how to run their Internet operations office by office. Consequently, some Congressional Web sites are comprehensive, and some only spotty. Some members communicate with constituents well online, but many do not.

Despite requests from public interest groups over the last few years, members of Congress have opted not to post much information online — which means the public does not have a searchable database of members’ voting records or Web access to the independent analysis of bills from the Congressional Research Service.

"E-government for Congress is missing," Mr. Dempsey said. "They are cutting themselves off."