25 March, 2009

Got the Compliance Blues? How to More Effectively Influence Your Policy Landscape

  • Rodney J. Petersen, Government Relations Officer and Security Task Force Coordinator, EDUCAUSE
Educause has a focus area on Policy Analysis and Advocacy. Interest in trying to interpret federal and state directions and to advocate for appropriate changes at the institutional level, as well as providing feedback into the legal process.  See "negotiated rule-making" as an example of where policy analysis and advocacy apply.

Examples of making sense of policy
  • RIAA notifies you of peer-to-peer filesharing
  • economic stimulus bill requires notification for breahes of health information
  • the Red Flags Rule requires identity theft programs by 1 May, 2009
  • emergency communication systems are deemed useful for emergency situations
  • the government wants to limit the private sector's use of Social Security Numbers
Below, are some of the issues that Educause is keeping an eye on in what they're calling the "discussion and debate" stage:
  • competition and innovation
  • Internet regulation and taxation
  • national broadband policy
  • network neutrality
  • patent reform
  • privacy framework
  • strategy to secure cyberspace
Educause has taken direct political action in:
  • hearings on campus safety and security
  • President's report on Virginia Tech incident
  • Government Accountability Office studies
    • peer to peer filesharing
    • security breaches and identity theft
    • national cybersecurity strategy
  • President's identity theft task force
  • AG's initiative to prevent child exploitation
So far, it seems like the session is more about how Educause is working with the federal government to provide advocacy and analysis with regard to emerging policy and in response to incidents (which is good).  Some of the legislative proposals that Educause is currently tracking:
  • Internet Stopping Adults Facilitating the Exploitation of Today's Youth (SAFETY) Act
    • mentioned that the act tries to follow precedent set by European Union, forcing providers to keep all logs for a minimum of 2 years
  • informed P2P user act
  • the Social Security Number Protection act
  • the Securely Protect Yourself Against Cyber Trespass Act (or SPY Act)
  • the Data Accountability and Trust Act (or DATA)
At the local or campus level, it is very important to know your campus academic experts.  They can help keep you informed, and are generally already involved in the political process, providing testimony and expertise to the policy-making process. You should also make time to understand your institution's approach to government relations, it is generally unwise to approach the process directly.  You can have much stronger and more constructive influence by providing insight and expertise and informing a larger advocacy effort as an institution, where as an individual you may actually be working in a way that is counterproductive to a larger effort.

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