Transparency is a slippery word; the kind of word that, like reform, sounds good and so ends up getting attached to any random political thing that someone wants to promote. But just as it’s silly to talk about whether “reform” is useful (it depends on the reform), talking about transparency in general won’t get us very far. Everything from holding public hearings to requiring police to videotape interrogations can be called “transparency”—there’s not much that’s useful to say about such a large category.
In general, you should be skeptical whenever someone tries to sell you on something like “reform” or “transparency.” In general, you should be skeptical. But in particular, reactionary political movements have long had a history of cloaking themselves in nice words. Take the Good Government (goo-goo) movement early in the twentieth century. Funded by prominent major foundations, it claimed that it was going to clean up the corruption and political machines that were hindering city democracy. Instead, the reforms ended up choking democracy itself, a response to the left-wing candidates who were starting to get elected.
The goo-goo reformers moved elections to off-years. They claimed this was to keep city politics distinct from national politics, but the real effect was just to reduce turnout. They stopped paying politicians a salary. This was supposed to reduce corruption, but it just made sure that only the wealthy could run for office. They made the elections nonpartisan. Supposedly this was because city elections were about local issues, not national politics, but the effect was to increase the power of name recognition and make it harder for voters to tell which candidate was on their side. And they replaced mayors with unelected city managers, so winning elections was no longer enough to effect change.[175]
Of course, the modern transparency movement is very different from the Good Government movement of old. But the story illustrates that we should be wary of kind nonprofits promising to help. I want to focus on one particular strain of transparency thinking and show how it can go awry. It starts with something that’s hard to disagree with.
Modern society is made of bureaucracies and modern bureaucracies run on paper: memos, reports, forms, filings. Sharing these internal documents with the public seems obviously good, and indeed, much good has come out of publishing these documents, whether it’s the National Security Archive, whose Freedom of Information Act (FOIA) requests have revealed decades of government wrongdoing around the globe, or the indefatigable Carl Malamud and his scanning, which has put terabytes of useful government documents, from laws to movies, online for everyone to access freely.
I suspect few people would put “publishing government documents on the Web” high on their list of political priorities, but it’s a fairly cheap project (just throw piles of stuff into scanners) and doesn’t seem to have much downside. The biggest concern—privacy—seems mostly taken care of. In the United States, FOIA and the Privacy Act (PA) provide fairly clear guidelines for how to ensure disclosure while protecting people’s privacy.
Perhaps even more useful than putting government documents online would be providing access to corporate and nonprofit records. A lot of political action takes place outside the formal government, and thus outside the scope of the existing FOIA laws. But such things seem totally off the radar of most transparency activists; instead, giant corporations that receive billions of dollars from the government are kept impenetrably secret.