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Chapter 5. Your Responsibilities

 

Get Approval First

After you have the approval of your supervisor, it is your responsibility to gain approval from whoever in your organization has executive oversight or responsibility for the subject matter that will be the main focus of your social media effort.  Please notify the Office of Communications and Marketing at socialmedia@gsa.gov, so that they can maintain an updated list of GSA’s social media presences.   Please also notify the Office of Communications and Marketing (OCM) about your effort if you plan to write about content that may have a high public profile or attract media attention.   

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Minimize Your Risk

Social media tools and technologies, such as Facebook, YouTube and Twitter, offer GSA employees powerful new channels to deliver relevant and targeted messages, often facilitated through trusted sources, when, where and how users want information.  The use of social media for Federal services and interactions is growing tremendously, supported by initiatives from the Administration, directives from Government leaders, and demands from the public.  Appendix E provides recommendations and a checklist for using social media technologies in a manner that minimizes risks.

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Nonpublic Information

Various laws and regulations may prohibit the disclosure of certain information.  Provisions in the Privacy Act, Procurement Integrity Act, Freedom of Information Act (FOIA), National Defense Authorization Act of 1997, and Executive Order 13526 are examples of authorities that limit what can be shared with unauthorized individuals.  These laws and order, for example, contain prohibitions on disclosure of items like certain privacy related information, source selection information, contractor proposal information, and classified information.  Employees should not disclose nonpublic information through social media activities.

In addition, the Standards of Ethical Conduct for Employees of the Executive Branch states that you may not allow the improper use of nonpublic information to further your own private interest or that of another, whether through advice or recommendation or by knowing unauthorized disclosure.  Nonpublic information is information that you receive because of your Federal employment that you know or reasonably should know has not been made available to the general public. 

Some examples of nonpublic information are:

  • Information covered under the Privacy Act;
  • Classified information;
  • Proprietary information from private sector vendors or contractors;
  • Information designated as exempt under FOIA;
  • Source selection information on contracts or grants; and
  • Confidential Business Information as defined by Federal law.

Remember, what is true on the phone, snail mail or email is equally true using social media.  If it is not public information, it should not appear on GSA's social media sites.

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About Endorsements of Products, Services, or Enterprises

Employees are reminded that they cannot use or allow the use of their Government position, title, or any authority associated with their public office to endorse any product, service, or enterprise.  This restriction applies to both GSA employees using social media in their official capacity as well as GSA employees' personal use of social media.  The use of GSA social media accounts and tools in an official capacity is part of the authority associated with your public office.  For example, a GSA employee who is using social media in his or her official capacity, could not post a statement saying "GSA should negotiate a terms of service agreement with Twitter, because Twitter is the best platform for public communication." This statement endorses Twitter by stating that Twitter is the best platform for communication.  However, a GSA employee, who is using social media in his or her official capacity, could post a statement such as "GSA just negotiated a terms of service agreement with Twitter, which will provide GSA with a platform to communicate with the public." This second statement is a statement of fact versus an opinion and an endorsement.  Employees must avoid endorsing or appearing to endorse any private interests or non-Federal groups.

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Section 508 Standards (Accessibility)

Section 508 of the Rehabilitation Act of 1973, as amended, requires that electronic and information technologies purchased, maintained, or used by the Federal Government meet certain accessibility standards.  These standards are designed to make online information and services fully available to the 54 million Americans who have disabilities, many of whom cannot possibly access information that does not comply with the Section 508 standards.  Agencies are already required by the Federal Acquisition Regulation to modify acquisition planning procedures to ensure that the 508 Standards are properly considered, and to include the standards in requirements documents.  OMB reminds agencies to disseminate information to the public on a timely and equitable basis, specifically mentioning meeting the Section 508 requirements in OMB Memorandum M-06-02. 
Agencies employing non-Federal social media services are required to ensure that persons with disabilities have equal access to those services.  Please use this handy checklist to ensure the accessibility of your content.  Contact your GSA Section 508 Coordinator if you have any questions or complaints.
Resources:  Section508.gov, OMB Memo M-06-02, Section508 Standards.

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Practice Proper Records Management

When using electronic media, whether it is a blog, a website, a wiki, email, or any other type of electronic communication, the regulations that govern proper management, archival, and release of records still apply.  The National Archives and Records Administration (NARA) offers resources and guidance to agencies to ensure proper records management. Contact records@gsa.gov for questions pertaining to records management at GSA.
Resources:

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Know the Laws for Information Collection

Agencies are required, when practicable, to use electronic forms and filing to conduct official business with the public, and social media technologies can be used in many cases to meet this need.  Federal public websites are required to ensure that information collected from the public minimizes burden and maximizes public utility.  The Paperwork Reduction Act (PRA) covers the collection of data from the public.  The PRA requires OMB approval of all surveys given to ten (10) or more participants.  This includes any sort of survey where identical questions are given to ten or more participants, regardless of the format.  The exception to the survey rule is an anonymous submission form where users can provide open ended comments or suggestions without any sort of Government guidance on the content.  The Children's Online Privacy Protection Act also has prohibitions and requirements regarding communication and collection of data from people under the age of 13.  Questions about the applicability of these acts may be directed to the Office of the Chief Information Officer (IT Policy & Compliance Division) and the Office of General Counsel.

Resources:

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Plain Language

The Plain Writing Act of 2010 requires the federal government to write all new publications, forms, and publicly distributed documents in a "clear, concise, well-organized" manner.  Visit www.plainlanguage.gov for examples of Plain Language and information on free training.

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Meet Information Quality Standards

The public places a high degree of trust in ".gov" content and considers it an authoritative source.  Under the Information Quality Act, agencies are required to maximize the quality, objectivity, utility, and integrity of information and services provided to the public.  With regard to social media information dissemination products, agencies are required to reasonably ensure suitable information and service quality consistent with the level of importance of the information.  Reasonable steps include: 1) clearly identifying the benefits and limitations inherent in the information dissemination product (e.g., possibility of errors, degree of reliability, and validity), and 2) taking reasonable steps to remove the limitations inherent in the product or information produced.  Agency management should ensure that the Agency position, rather than one person’s opinion, is reflected in all communications.
Resource:  Information Quality Act, Pub. L. No. 106-554.

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Ensure Meaningful Access by People with Limited English Proficiency

Executive Order 13166 requires that persons with limited English proficiency (LEP) have meaningful access to an Agency's federally conducted programs and activities in order to prevent national origin discrimination.  The use of social media technologies to communicate and collaborate with citizens is a federally conducted activity.

To ensure meaningful access by LEP individuals, an Agency must conduct a flexible and fact-dependent individualized assessment that balances four factors: (1) the number or proportion of eligible LEP persons; (2) the frequency of contact; (3) the nature and importance of the program or activity; and (4) the availability of resources.  Based on this four-factor analysis, an organization must develop and implement an LEP plan if it determines a need for such a plan.  This framework was established by the U.S. Department of Justice (DOJ) pursuant to Executive Order 13166 to federal agencies on the implementation of and compliance with this order.  For more information on LEP at GSA, please contact GSA’s Office of Civil Rights (OCR) at (202) 501-0767 or review the following information at OCR’s website library on LEP.  DOJ’s guidance and other information/resources can be accessed at lep.gov and LEP Frequently Asked Questions.

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Protect Intellectual Property

The use and management of social media technologies raises several questions about the legal concepts of copyright, fair use, and intellectual property ownership.  Agencies should be diligent to ensure that they consider existing intellectual property and copyright laws when implementing social media technologies.  While the Federal Government typically provides public data that is not considered copyrightable intellectual property, social media technologies that allow public contribution of content may potentially create challenges regarding the protection of intellectual property contributed by visitors.  Agencies are required to post clear disclaimers detailing the copyrights that non-government contributors to their sites may retain.  Government content can sometimes belong to the public domain and therefore be free from copyright, but this is not always true, especially when images and trademarked names or logos are concerned.  Thus, this content cannot automatically be assumed to be free of intellectual property rights and available for any individual or site provider wishing to use it.  Social media can make it easy to violate another's rights, so employees need to ensure they do not infringe on another's protected rights.  Also, employees should post clear disclaimers detailing liability if a member of the public's post violates another's intellectual property or copyright.  Specific questions should be directed to the Office of General Counsel.

Resources:  Copyright.gov, U.S. Trademark Law.

The GSA Star Mark is registered with the U.S. Patent and Trademark Office and the GSA Seal is protected by statute.  Guidance on using GSA’s branding images can be found on GSA’s InSite. 

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Privacy Considerations

The Government requires public-facing websites to conduct privacy impact assessments if they collect personally identifiable information.  They should post a “Privacy Act Statement” that describes the Agency’s legal authority for collecting personal data and how the data will be used.  Privacy policies on each website are also required in a standardized machine-readable format such as the Platform for Privacy Preferences Project, or P3P.  Information on Web 2.0 platforms is accessible by others, so do not disclose Privacy Act protected information or other personally identifiable information unless authorized to do so in that medium.

Resource:  GSA’s Privacy Program.

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Cookies

Many social media tools use "persistent cookie" technology.  A persistent cookie is a small text file that a website places on a visitor's computer so that it can remember the visitor when they show up again later.  In general, websites use cookies for things like a "Remember Me" checkbox that lets you quickly log into a website, or to get metrics on site usage to understand how people are using the site.  The most recent guidance from OMB on the use of persistent cookies by Federal agencies is OMB Memorandum-10-22.  It differentiates between "Tier 1" and "Tier 2" cookies, which do not collect users' personal information, and "Tier 3" cookies, which do, and thus require a more extensive review and public comment process.  Another resource is OMB Memorandum-10-23 which provides guidance for Agency Use of Third-Party Websites and Applications.

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Provide Data in a Usable Format

Many social media technologies allow users to take data from one website and combine it with data from another, commonly referred to as “Mashups.”  Agency public websites are required, to the extent practicable and necessary, to achieve intended purposes, to provide all data in an open, industry standard format that permits users to aggregate, disaggregate, or otherwise manipulate and analyze the data to meet their needs.  Agencies need to ensure that these open industry standard formats are followed to maximize the utility of their data.

Resource:  OMB Memorandum M-05-04.

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Adhere to Lobbying Rules

18 USC 1913 prohibits the use of appropriated funds for purposes of lobbying a member of Congress.  Such funds may not be "used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation...". The use of appropriated funds may extend to the payment of employees salaries, equipment, office space, and so forth.  Federal employees should be mindful of 18 USC 1913 when using social media as the same restrictions apply. Please refer any questions to GSA’s Office of General Counsel.

Resource:  OMB Policies for Federal Public Websites.

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Avoid Political Activity (Hatch Act)

Even though social media is widely used in politics, the general rules that apply to Government communications haven’t changed.  Take caution to avoid any topics that may violate the Hatch Act.  Employees are reminded that the Hatch Act prohibits them from engaging in certain political activity.  Specifically, the Hatch Act prohibits employees from being politically active while on duty; while in any room or building occupied in the discharge of official duties by an individual employed or holding office in the Government of the United States, or any Agency or instrumentality thereof; while wearing a uniform or similar item that identifies their employing Agency; or while using a government vehicle.  Political activity is defined as any activity directed towards the success or failure of a political party, candidate for partisan political office, or partisan political group.  In addition, employees may not use their official title while participating in political activity, may not use their authority to coerce any person to participate in political activity, and may not solicit or receive political contributions.  Likewise, the same rules apply to using social media to engage in political activity while you are on duty.  For more information on the Hatch Act, please visit the Office of Special Council’s website, and look here for specific answers to frequently asked questions on this topic.  Employees are also encouraged to seek guidance from the GSA’s Office of General Counsel.

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Know When the Federal Advisory Committee Act Applies

Since many social media technologies excel at enabling information sharing across the Internet, Government programs may use them to share ideas regarding current and future plans, to gather opinions about a wide variety of issues and to strengthen the relationship between citizens and their Government.  Depending on circumstances (such as targeting specific experts for an online discussion of proposed policy), some of these efforts, depending on how they are structured, may meet the functional definition of a virtual or electronic advisory group and therefore fall under the purview of the Federal Advisory Committee Act (FACA).  Just because a FACA meeting is held in virtual space instead of office space, it is not exempt from the Government’s rules on such activities.

Any advisory group, with limited exceptions, that is established or utilized by a Federal Agency and that has at least one member who is not a Federal employee, is required to comply with the FACA.  In general, when Government agencies seek input and suggestions from the general public on various issues, FACA likely will not apply.  However, if the Government is managing and controlling the group in any way, such as selecting members, setting an agenda, or consolidating results generated by the group of participants, the group will fall within the bounds of FACA.  To find out if a group comes under the FACA, any individual may contact the sponsoring Agency's Committee Management Officer, or the GSA Committee Management Secretariat.

Resource: Federal Advisory Committee Act.

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Monitor What You Control

Social media users are responsible for continually checking the pages that they own.  The person who has responsibility for approving the page, or their designee, should ensure the information is accurate, timely, relevant, complete, and does not adversely affect the execution of the mission and responsibilities of GSA or the Federal Government.  This responsibility includes inactivating the page upon the owner’s termination and/or notifying the Office of the Chief Information Officer (OCIO) that the page has been transferred to another individual.  Questions may be directed to socialmedia@gsa.gov.

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Chapter 6. GSA Encourages and Supports Social Media > >