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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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April 12, 2004

Follow the (Political) Money - Use the Web

Posted by Ernest Miller

WIRED has a very interesting article on the various websites that make it easier to track campaign finance in the political system (Following the Money Made Easier). A number of the best websites are cited, such as Fundrace, Political Money Line, and my favorite, Open Secrets.

Worrisome Privacy Issues

Increased transparency in funding is all to the good (especially for larger donors), but I feel a little strange being able to know which of my neighbors have given $100 to Bush or Edwards (no local Kerry fans, apparently). How long will this data be held? Will these websites discourage people from donating to candidates not favored by their neighbors? What effect will this have on our politics?

More Efficient Tracking Desired

Of course, I would love for these websites to become even more efficient. What about email alerts and RSS feeds? You could subscribe to a candidate feed and be notified when they have new donations above a certain limit. You could have geographic feeds and industry feeds. You could track particular donors, especially industries, across a variety of candidates. Bloggers could make excellent use of such feeds.

Fix the Problem of Money in Politics

We really need to reduce the importance of money in politics (it'll never go away entirely). The more we undermine mass media, the better I think. A vast amount of political money is spent on television advertising, if we can change that paradigm with something like broadcatching we would be better off.

Bonus IP issue: The logo for Fundrace is highly reminiscent of Nascar's.

Comments (3) + TrackBacks (0) | Category: Broadcatching/Podcasting | Privacy | RSS


COMMENTS

1. Cypherpunk on April 12, 2004 11:15 PM writes...

Two comments: first, power tends to be fungible: economic and political power are largely interchangeable. This is the root cause for why money makes a difference in politics (and also why politiciands tend to get rich). Attempts to limit the influence of money on politics work against this equation, but people are always going to look for ways around the barriers.

Second, I don't know exactly how you see broadcatcching as helping the situation. My guess is that you think it will be more democratic, with less concentration of power into a few influential parties. But this neglects the rule of Zipf's Law which says that the most influential broadcatch-content creator will be twice as influential as the next guy, and so on down the line. Just as the blogging world has its A list, the same will be true with broadcatch content.

Now mix in money - lots of it. Why would broadcatch content not be influenced and effectively controlled by the presence of money, just as all other media have been? Go back to the first point: power is fungible. Political power, economic power, and communications power as well, all are interchangeable. Once blogging and broadcatching become important and mature technologies, they too are likely to be dominated by the presence of money. I don't see any fundamental reason why these technologies will be immune to the rules that govern the influence of power in other parts of society.

Permalink to Comment

2. Ernest Miller on April 13, 2004 08:01 PM writes...

Well, for one, broadcatching will be more difficult for corporations to control. Sure, you have A-list bloggers, but are they corporate controlled? Their opinions, commentary and links are far more interesting than most of the stuff coming out of mainstream media.

Is money important to blogs? Yes and no. Many blogs are more labors of love than anything else. Even though there is a power law distribution, it is still a far more democratic medium than many others.

Similarly, broadcatching will be a far more democratic medium than the status quo. I'll have more to say on this in another post.

Permalink to Comment

3. Bill McGeveran on April 16, 2004 11:11 PM writes...

I wrote an article last year in the University of Pennsylvania Journal of Constitutional Law exploring the privacy concerns you point out. Here is the link: http://www.law.upenn.edu/journals/conlaw/issues/vol6/num1/mcgeveran.pdf

Essentially, I think the disclosure of small or medium-sized contributions -- up to a few hundred dollars, say -- does more harm than good. The Supreme Court identified three justifications for campaign finance disclosure in its Buckley v. Valeo decision (preventing corruption, providing information about candidates, and allowing enforcement of spending limits). None applies very well to modest individual contribtuions.

Some mandatory disclosure may be unconstitutional as well (although I wrote before the Supreme Court's McConnell decision upholding the McCain-Feingold Act and that changed the landscape a little).

Anyway, I find it strange how few people mention the concerns you identified -- particularly advocates of strong privacy protection in other arenas.

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