Tag: regulation

Policy-Making and the Public: Where are the People in Bureaucratic Rulemaking?

I’m a lawyer-turning-cultural anthropologist and I study rulemaking (please don’t go away just yet!). In policy-setting circles, rulemaking has a specific statutory origin and a particular meaning, denoting a process that most federal agencies must undergo as they create policies (also known as “regulations” or “rules”). Though never a sexy topic of conversation, rulemaking is gaining public traction as a process that imposes a duty upon the government to solicit feedback from the public on proposed rules. News outlets report that President Trump is reviewing and likely revoking some of President Obama’s policies. As new presidents usually review the previous president’s policies, this is neither unusual nor unexpected. But the urgency with which such news is received by some Americans indicates an opportunity to learn what it takes to revoke or alter a rule: a new rulemaking.[1] (read more...)

Unpredictable Technologies: The need for thick description in regulatory decision-making

I call myself a scholar of information, communication, and technology with a view toward influencing law and policy. To that end, my motto over that last few years has been “Social Science matters!” And by that, I really mean that qualitative research, or research aimed at understanding how people and organizations actually use technology, is important for creating good law. To this end, ethnographic study, the kind that produces thick descriptions of people and culture, should be MO of any body tasked with writing regulations. Recently I was asked to participate in training a group of telecommunications regulators who want to conduct a regulatory impact assessment (RIA). A RIA is a thorough investigation of the possible impacts of a proposed or revised regulation. In the most basic sense, the investigation is used to forecast whether the new rule will achieve what it’s supposed to, and what else could happen. Countries around the world use RIAs to evaluate regulatory needs and possible interventions. US federal agencies have been required to conduct and submit RIAs since the early 1980s, and President Bill Clinton codified this requirement in 1993 with Executive Order 12866. A second executive order, 13563, requires that agencies use “the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible.” (read more...)

Trusting Experts: Can we reconcile STS and Social Psychology?

Numerous battles are being fought today within and across America’s political landscape, from global warming to the regulation of new technologies (e.g., GMOs, fracking). Science plays a big role in these debates, and as a result, social psychologists, political scientists, economists, and other social scientists have become interested in the question of why people (or rather, certain people) don’t accept scientific findings. These social scientists have converged on a concept called motivated reasoning: that because our reasoning powers are directed towards particular ends, we tend to pick facts that best fit our needs and motivations. Motivated reasoning, in this explanation, is a universal concept, perhaps a product of evolution; all human beings do it, including experts. It also raises the profoundly disturbing possibility of a scientific end to our Enlightenment hopes that experts—let alone publics—can be rational, that they can neatly separate facts from values and facilitate a harmonious society. Influential science journalists have now started drawing on those findings. Chris Mooney, who made a name for himself writing The Republican War on Science, drew on social psychological and brain imaging research on political bias in a well-cited Mother Jones piece, “The Science of Why We Don’t Believe Science: How our brains fool us on climate, creationism, and the vaccine-autism link.” Other political scientists have written about this in high-profile outlets, such as Brendan Nyhan for the New York Times. It has also made several appearances on The Monkey Cage, a political science blog that is now part of the Washington Post. (read more...)