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Republic, Lost_ How Money Corrupts Congress--And a Plan to Stop It - Lawrence Lessig [116]

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going to come together and deal with the corruption at the heart of all these problems?

Astonishingly, O’Reilly agreed:

They spend so much time raising money and kissing butt, they don’t even think about problem solving. But it cuts both ways. The liberal pinheads are just as bad as the right-wing pinheads.

Rarely—okay, almost never—do these two figures agree about something. But here was agreement: upon “the corruption at the heart of all these problems.” Corruption. Heart. All these problems.

As you’ve already seen, I couldn’t say it better myself.

CHAPTER 15

Reforms That Won’t Reform


Our democracy does not have just one problem that one single reform would fix. There is a long list of reforms that we need. I would happily join with others to push for this long list. But there is a beginning to that list, and we need to be clear about what that beginning is. In this chapter, I address two reforms many believe to be sufficient. To be reform enough.

They are not.

The Incompleteness of Transparency


In 1973, regulators at the EPA were struggling with ways to get Americans to care more about fuel efficiency. In August of that year the agency published a voluntary protocol for calculating fuel economy values, and a label format for manufacturers choosing to display the calculated values. Those protocols have undergone a number of changes. The most recent version requires a label like the one in Figure 15.1

The insight here was brilliant. Give consumers an understandable chunk of data and let them use it to regulate their own behavior. Some won’t care about the cost of gasoline. They’ll ignore the label. But others will care. And on the margin, their care will push more car manufacturers to do the thing the EPA wanted: improve the fuel efficiency of the nation’s fleet.

About the same time the EPA was innovating with transparency, good-government sorts were struggling with ways to get Americans to care more about good (as in clean) government. What could regulators do to protect democracy from the embarrassment of corruption? How could they mobilize a public to demand cleaner government?

FIGURE 15

Their answer (amending the Federal Election Campaign Act of 1971) was massive, if largely invalidated (by Buckley v. Valeo [1976]). But the one part that survived Buckley looked, in principle at least, a lot like the EPA fuel economy standards: disclosure. Federal law now required that all political contributions greater than $200 be recorded and disclosed. More significantly, the information disclosed would include whom someone worked for, making it possible to aggregate contributions on the basis not just of zip codes, but of industry codes and corporations.

So here’s the product of that bit of sunlight, for contributions to Democratic congressman Mike Capuano, a local hero representing Cambridge, Massachusetts. To spare a forest, I’ve simply aggregated the contributions by the firm the contributors worked for.2

ORGANIZATION PAC ($) CITIZENS ($) TOTAL ($)

Triumvirate Environmental

0 44,650 44,650

Telecommunications Insight Group

0 40,780 40,780

Machinists/Aerospace Workers’ Union

30,000 0 30,000

Genzyme Corp.

7,500 15,100 22,600

Feeley & Driscoll

0 20,700 20,700

Eli Lilly & Co.

16,000 2,000 18,000

FMR Corp.

10,000 8,750 18,750

Liberty Mutual Insurance

10,000 5,250 15,250

Raytheon Co.

10,000 4,950 14,950

Citigroup Inc.

0 14,500 14,500

Science Research Laboratory Inc.

0 14,450 14,450

Mintz, Levin et al.

0 13,600 13,600

Wilmerhale LLP

0 12,800 12,800

Intl Brotherhood of Electrical Workers

12,500 0 12,500

UNITE HERE

12,000 0 12,000

Government Insight Group

0 12,000 12,000

Goulston & Storrs

0 11,650 11,650

New York Life Insurance

11,000 0 11,000

Somerville

0 10,950 10,950

Suffolk Construction

0 10,350 10,350

United Food & Commercial Workers’ Union

10,000 0 10,000

National Education Assn.

9,000 1,450 10,450

American Assn. for Justice

10,000 0 10,000

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