[8289] in Commercialization & Privatization of the Internet
Re: EDGAR and A-130
daemon@ATHENA.MIT.EDU (Tom V Cryar)
Fri Nov 12 20:37:27 1993
From: tcryar@world.std.com (Tom V Cryar)
Date: Sat, 13 Nov 1993 01:36:42 GMT
To: com-priv@psi.com
shaynes@research.westlaw.com (Steve Haynes) writes:
>
> In fact, Jamie later in his message alluded to the provisions in
> A-130 that are contrary to the NSF action. First, however, I do
> not say that A-130 "_prohibits_ agencies to publish government
> information products or services simply because private sector
> products or services exist" (emphasis added)." A-130 does not
> have the force of law. However, to the extent that agencies fall
> under OMB, or must work with OMB, obviously they ignore A-130 at
> their peril.
>
> The specific language in A-130 (as revised) that pertains reads
> as follows:
>
> "3. Section 8b. Information Systems and Information Technology
> Management Policy."
>
> ...
>
> "(4) Use of Information Systems and Acquisition of Information
> Technology.
>
> ...
(verbage from *unrevised* portions of A-130 deleted)
My copy of the [Revised] Circular A-130 reads -
"8. Policies:
a. Information Management Policy: [Changed]
b. Information Systems and Information Technology Management:
[Unchanged]"
Apparently Steve Haynes chooses to emphasize the *unchanged*
portions of A-130 instead of the *new* language in the [Revised] version
which states:
"8. Policy
a. Information Management Policy
(7) Avoiding Improperly Restrictive Practices. Agencies shall:
(a) Avoid establishing, or permitting others to establish on
their behalf, exclusive, restricted, or other distribution
arrangements that interfere with the availability of information
dissemination products on a timely and equitable basis;
(b) Avoid establishing restrictions or regulations, including the
charging of fees or royalties, on the reuse, resale, or
redissemination of Federal information dissemination products by
the public; and,
(c) Set user charges for information dissemination products at a
level sufficient to recover the cost of dissemination but no
higher. They shall exclude from calculation of the charges costs
associated with original collection and processing of the
information. ....."
and,
"(8) Electronic Information Dissemination. Agencies shall use
electronic media and formats, including public networks, as
appropriate and within budgetary constraints, in order to make
government information more easily accessible and useful to the
public. The use of electronic media and formats for information
dissemination is appropriate under the following conditions:
(a) The agency develops and maintains the information
electronically;
(b) Electronic media or formats are practical and cost effective
ways to provide public access to a large, highly detailed volume
of information;
(c) The agency disseminates the product frequently;
(d) The agency knows a substantial portion of users have ready
access to the necessary information technology and training to
use electronic information dissemination products;"
It seems that the [Revised] Circular A-130 intends for government
produced-or-collected information to be made available at the "lowest cost
to both the public, and the agency".
Mr. Haynes quotes should be taken in context with the *entire* Circular
A-130. (So should my quotes for that matter.) The revised text of the circular
is available on the net -- (the following is also quoted directly from the
document):
ELECTRONIC AVAILABILITY: This document is available on the
Internet via anonymous File Transfer Protocol (FTP) from
nis.nsf.net
as
/omb/omb.a130.rev2
(do not use any capital letters in the file name).
For those who do not have FTP capability, the document can also
be retrieved via mail query by sending an electronic mail message
to
nis-info@nis.nsf.net
with no subject, and with
send omb.a130.rev2
as the first line of the body of the message. For assistance
using FTP, mail query, or electronic mail, please contact your
system administrator.
FOR FURTHER INFORMATION CONTACT: Peter N. Weiss, Information
Policy Branch, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 3235 New Executive Office
Building, Washington, D.C. 20503. Telephone: (202) 395-4814.
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Tom Cryar tcryar@world.std.com
Albertville, Alabama via the World
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