In this class we studied the criticisms made by Lawrence Lessig and Archon Fung of the transparency movement. We also looked at what the data on money in politics can actually tell us about who holds power in the governing process.

1. DPI-665
Politics of the Internet
April 4, 2012
Critiques of Transparency
Micah L. Sifry
Audio: http://bit.ly/K3Zm9o
CC-BY-NC-SA

2. Topics for discussion
• Do you agree with Lessig’s view of the
“naked transparency” movement?
• Is more “gotcha” journalism a problem
we should worry about?
• Is transparency a sufficient reform?
• On what should trust in government be
based?

3. What does campaign finance
disclosure tell us?
• Lessig: “What does the fact of a contribution to a
member of Congress mean? Does a contribution
cause a member to take a position? Does a
member’s position cause the contribution? Does
the prospect of a contribution make a member
more sensitive to a position? Does it secure
access? Does it assure a better hearing? Do
members compete for positions based upon the
contributions they might expect? Do they covet
committee assignments based upon the
contributions that the committee will inspire? Does
Congress regulate with an eye to whether its
regulation might induce more contributions?”

4. More Lessig
• “There is little doubt that the answer to each
of these questions is, in some sense and at
some time--remember those qualifiers!--yes.”
• “But there is also little doubt that it is
impossible to know whether any particular
contribution or contributions brought about a
particular vote, or was inspired by a particular
vote.”

5. Yet More Lessig…
• “All the data in the world will not tell us
whether a particular contribution bent a result
by securing a vote or an act that otherwise
would not have occurred. The most we could
say--though this is still a very significant thing
to say--is that the contributions are corrupting
the reputation of Congress, because they
raise the question of whether the member
acted to track good sense or campaign
dollars….The data says little else.”

6. What the data does tell us
• Money buys you viability
• The average person can’t run for office
• Much time spent on fundraising
• Economic interests give the most
• The donor class is not like you and me
• Prioritization of issues will tend to favor
the interests of the donor class

7. Is transparency anti-
government?
• Fung and Weil: “Government transparency,
though driven by progressive impulses, may
draw excessive attention to government’s
mistakes and so have the consequence of
reinforcing a conservative image of
government as incompetent and corrupt.”
• Should we fear this possible outcome?