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Open Recommendation

Social Media in Rulemaking


Social media offers new opportunities for engaging the public. ACUS is working on recommendations about social media in rulemaking, based on a Consultant's Report by Professor Michael Herz of Cardozo School of Law. You can follow, and be part of, this process here.

An initial draft of the recommendations was open for public discussion until November 6, when the Committee on Rulemaking considered possible changes. This meeting produced a revised draft. You'll able to review and discuss Committee Draft 2 here until the Committee's next meeting on November 13. All the Committee's changes will be in the Plenary Draft, to be debated at the 59th ACUS Plenary Session on December 5. You'll be able to review and discuss the Plenary Draft here until November 27 . Comments and discussion on RecommendationRoom will be part of what ACUS considers when deciding to adopt final recommendations, along with comments submitted to ACUS on their project page.

Committee Draft 2 Using Social Media in Notice-and-Comment Rulemaking (Draft 2) - 0

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1|Recommendation 8 (Supplementing current process) - 0


Social media may be used to supplement or improve the conventional commenting process.


2|Recomendation 9 (Set clear goals) - 0


9. The use of social media may not be appropriate and productive in all rulemakings. Before using social media in connection with a particular rulemaking, agencies should identify the specific goals they expect to achieve through the use of social media and carefully consider the potential costs and benefits.

Read the Consultant's Report: Realistic Expectations.


3|Recommendation 10 (Pick appropriate tools) - 0


An agency should use the social media tools that best fit its particular purposes and goals and should carefully consider how to effectively integrate those tools into the rulemaking process it would otherwise use.

Read the relevant part of the Consultant's Report: Realistic Expectations


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