April 16, 2014

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Software Transparency

Thanks to the recent NSA leaks, people are more worried than ever that their software might have backdoors. If you don’t believe that the software vendor can resist a backdoor request, the onus is on you to look for a backdoor. What you want is software transparency.

Transparency of this type is a much-touted advantage of open source software, so it’s natural to expect that the rise of backdoor fears will boost the popularity of open source code. [Read more...]

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Open Internet Advisory Committee kick-off

Last Friday, we had the first meeting of the Open Internet Advisory Committee (OIAC), called for by the FCC in the recent Open Internet Order. The members of the OIAC  consist of a mix of folks from venture capital firms, ISPs, governance organizations, community organizations, and academics like myself.  The OIAC’s mission is to “track and evaluate the effect of the FCC’s Open Internet rules, and to provide any recommendations it deems appropriate to the FCC regarding policies and practices related to preserving the open Internet.”  The video of our kick-off meeting is online.

In addition to the full meeting of the OIAC, we broke into four working groups — on mobile broadband, economic impacts of Open Internet frameworks, specialized services, and transparency. I’m chairing the group looking at Mobile Broadband, a tremendously important area since wireless and cellular networks are rapidly becoming the dominant way users access the Internet.  I’m looking forward to working with the rest of the working group, and the rest of the OIAC, to better understand how to ensure openness and transparency, while preserving the ability of service providers to manage their networks.  One thing is certain — fun and interesting times lie ahead!

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The Engine of Job Growth? Tracking SBA-backed Loans Through Recovery.gov

Last week at a Town Hall Meeting in New Hampshire, President Obama stated that “we’re going to start where most new jobs start—with small businesses,” and he encouraged Congress to transfer $30 billion from the Troubled Asset Relief Program to a new program called the Small Business Lending Fund. As this proposal was unveiled, the Administrator of the U.S. Small Business Administration (SBA) Karen Mills sat directly behind the President, reflecting the fact that the Administration’s proposal is a vote of confidence in the SBA and its existing loan programs.

The central role proposed for the SBA invites questions about existing SBA loans made with Recovery Act funds. These loans can be tracked through Recovery.gov, the official “user-friendly, public-facing website” that has evolved under the direction of the Recovery Accountability and Transparency Board, an agency created when the President signed into law the American Recovery and Reinvestment Act of 2009 (ARRA) on February 17, 2009.

Curious about how well Recovery.gov works, I analyzed a stimulus loan to a business in Red Lodge, Montana, where I live. First I accessed “Agency Reported” data through Recovery.gov, and then compared that information with what I could learn from field visits with the loan recipient and the community banker who made the loan.

What the drill-down map at Recovery.gov tells you: According to the map available at the official website, a local business called “Sheep Mountain Feed” received an $81,000 loan through the Small Business Administration’s (SBA) “Rural Lender Advantage.”

What the drill-down map at Recovery.gov doesn’t tell you: The official website does not specify how the loan proceeds were spent. Nor does the website explain if the $81,000 is the face value of the loan or the amount guaranteed by the SBA. For that matter, SBA’s role in making the loan is not clarified.

To learn more about these things, I called Sheep Mountain Feed and arranged a visit with the owner, a woman named Deb Padget who, before opening the store, had ranched 2,000 head of bison. I also met with the local banker who arranged the loan (the SBA relies on lenders to make the loans it guarantees), and an SBA employee based in Helena Montana. And for background I reviewed the June 8, 2009 Federal Register Notice relating to SBA’s temporary 90% guarantee (thanks to Princeton’s Fed Thread project).

Sheep Mountain Feed is a retail store catering to animal farmers and pet owners that sells animal feed, electric fencing, baby chicks, and other odds and ends such as buckets and horseshoes sold at any rural animal store. When Deb decided to buy the business in April of 2009, she had managed the retail store for three years, and she wanted to make some changes. Without abandoning the “large-animal” owners who had built the feed business, she saw an opportunity to focus more on pet owners. “Everybody in Red Lodge has a dog,” she told me. “Not everybody has a horse.”

She would need to buy pet supplies to take things in this new direction, and she would also need money to buy the business and remodel the interior of the store. This is how she spent the loan proceeds that she eventually received—buying and remodeling Sheep Mountain Feed, and purchasing inventory. However, the first bank she visited rejected her within ten minutes. At the second bank she tried out, she met with local loan officer and learned quickly that he was also from a North Dakota farming family. Here she got a warmer welcome, and was told that her timing was good: In March 2009, about one month before Deb’s visit, the SBA received $730 million in funding from the ARRA to offer increased loan guarantees and the temporary elimination of loan fees.

To get this “stimulus loan” Deb would need to submit a business plan with her loan application, but she’d never before needed a business plan and didn’t even have an executive summary. She was sent to an SBA employee in Billings for free counseling, and this employee helped Deb to prepare a business plan from scratch. (At one point, in order to develop Deb’s financial projections, the SBA contact called her own dog-groomer to find out about the going-rate for grooming sessions in Billings).

The U.S. Small Business Administration (SBA) was created in 1953 as an independent agency of the federal government to help people start and grow businesses. Even without the stimulus money, SBA’s so-called 7(a) loan program guarantees up to 85% of a qualifying loan made to a local business through a local bank. The guarantee is designed to induce local banks to lend more into the community by removing most of the risk of default. And as previously mentioned, in early 2009 the SBA received Recovery money to guarantee up to 90% of 7(a) loans. This is the kind of loan that Deb received.

In addition to subsidizing SBA’s temporary 90 percent guarantee, the Recovery Act also allowed SBA to temporarily waive certain fees that it charges. Usually the agency collects fees equal to three percent of the loan’s face value to cover delinquencies. Lenders and borrowers pay these fees. In this case, the community bank that made the loan and Deb would have had to pay $2,790 just to close the deal. We know this because the breakdown of the loan to Sheep Mountain Feed at USASpending.gov shows an “original subsidy cost” of $2,790. By studying the data at USASpending, and interviewing offline sources, it also emerged that $81,000 is the amount guaranteed by the SBA (Sheep Mountain Feed got $90,000).

The takeaway from this study is that Recovery.gov provides good data, but not always enough context (e.g. an explanation of SBA’s role) to understand the data. Yet in the absence of Recovery.gov, even learning that Sheep Mountain Feed received a government-backed loan would have been difficult, so the official website is a helpful starting point for people motivated to track stimulus money.

By disseminating information about a Montana-based loan to citizens in every state, including citizens not predisposed to support any specific local project, Recovery.gov provides the public with information about what the government is doing and invites feedback. How the government processes this feedback—and in general takes advantage of the insight of people inside and outside the Federal government—is an open question, but at least the Recovery Board is on it, and now it’s also the focus of a working group (pursuant to OMB’s December 8, 2009 Open Government Directive).

In that spirit, here are a few suggestions for making Recovery.gov more useful to people trying to track SBA-backed stimulus loans.

(1) Create web links to the SBA website where the agency explains how the standard and stimulus-enriched 7(a) loan program works (SBA itself does not make loans, but instead guarantees a portion of loans made and administered by banks);

(2) Create links to the Small Business Act (15 U.S.C. § 636, as amended), the relevant provisions of the American Recovery and Reinvestment Act of 2009 affecting the SBA, (ARRA, P. L. 111-5, §§501-502), and the provisions of the Department of Defense Appropriations Act, 2010 that extend the stimulus-enriched SBA program through the end of February 2010;

(3) Establish links from Recovery.gov to USASpending.gov, particularly targeted links showing the source of the stimulus loan information. Recovery.gov does explain that “Agency Reported Data” comes from three sources, including USAspending.gov, but there are no links from stimulus projects to USASpending.

This project was more about Recovery.gov than the SBA, but listening to President Obama urge the creation of a Small Business Lending Fund because it “will help small banks do even more of what our economy needs – and that’s ensure that small businesses are once again the engine of job growth in America,” there was the obvious question about the $90,000 loan to Sheep Mountain Feed: Would it create or retain any jobs? I put this question to Deb. She said that the loan “created” one full-time job, her job running the business. She’s also employing a dog-groomer part-time, and another part-time employee (a student) who works on weekends. Getting these facts is easier than knowing if the full $90,000 loan to Sheep Mountain Feed should be credited to the Recovery Act. Would the business have received the loan anyway, even without SBA’s extra 5% guarantee and the temporary elimination of $2,790.00 in fees? The only sure thing is that estimating the employment impact of the Recovery Act is complicated (it was the subject of a recent OMB Guidance Memorandum). That’s something everybody can agree on.