Sunlight Foundation

This Week In Transparency – June 12, 2009

Here are a few of the more interesting media mentions of Sunlight and our friends and grantees from this past week:

Federal law prohibits lobbyists and those that hire them from giving gifts or campaign contributions to congressional lawmakers. No such law exists prohibiting them from spending unlimited amounts to honor lawmakers or contributing to non-profits connected to them. Quite a limitation on the distinction, if you ask me. However, Congress passed ethics rules in 2007 requiring for the first time that lobbyists must report all such payments. On Monday, USA Today's Fredreka Shouten and Paul Overberg reported on the paper's comprehensive analysis of lobbying reports that found 2,759 payments, totaling $35.8 million, were made in 2008. They quote Ellen Miller, Sunlight’s executive director, "It's another example of the many pockets of a politician's coat." The spending amounts to an "end-run" around campaign-finance laws "that are designed to limit the appearance of undue influence." National Public Radio's "All Things Considered" interviewed Clay Johnson, Sunlight Labs’s director, about U.S. Sen. Charles Grassley's (Iowa) use of Twitter to criticize President Obama's call for action on health care. Grassley’s message: "Pres Obama you got nerve while u sightseeing in Paris to tell us 'time to deliver' on health care. We still on skedul/even workinWKEND." Clay said, "He may not be the most prolific writer in 140 characters or less, but there's something really authentic about it."

NPR Interview

Federal News Radio interviewed Daniel Schuman about how the U.S. Supreme Court's nine-year old Web site is hard to navigate, difficult to use and in need of a significant upgrade. Daniel had blogged about the SCOTUS site last week. You can listen to the interview here.

Federal News Radio interview

Journalists used Center for Responsive Politics data to show how two important congressional battles are shaping up. With the debate over health reform intensifing, The New York Times’ Robert Pear looked at the political spending of doctors. Since the 2000 election cycle, their political action committee has contributed $9.8 million to congressional candidates with Republicans got more than Democrats in the four election cycles before 2008, when 56 percent went to Democrats. Congress is also considering legislation that would mandate the U.S. Food and Drug Administration to regulate and approve the use of tobacco. Halimah Abdullah with McClatchy Newspapers reports that CRP data shows that among the 17 senators who voted against tasking the FDA with the tobacco regulatory role are top recipients of campaign contributions from the industry.

The Washington Post’s Paul Kane and Carol D. Leonnig researched the House lawmakers’ annual financial disclosure reports released Wednesday. They found lawmakers had significant investments in the financial institutions that took billions of dollars in taxpayer bailouts at the end of last year, raising conflict-of-interest questions. They quote Melanie Sloan, director of Citizens for Responsibility and Ethics in Washington, as being critical of congressional lawmakers investing directly in companies they oversee. "You wonder if they're voting on things because it's good for the country or because it would increase their personal wealth," Melanie said.

Bara Viada at National Journal's "Under the Influence" blog reported on and links to Party Time's post about how the National Republican Campaign Committee inadvertently included a fundraising event for a Democratic lawmaker, U.S. Rep. Gary Peters (Mich.), on a list of fundraising events the party committee sent out earlier this week. Roll Call's (subscription required) Emily Heil and Elizabeth Brotherton, writing at their "Heard on the Hill" column, also report on Party Time's catch, as did Politico’s Glenn Thrush.

ProPublica’s Christina Jewett reported on the Project for Government Oversight’s call on the FDA’s inspector general to investigate the agency in light of its failure to stop contaminated syringes from reaching the market. An earlier report said the FDA’s inaction allowed 74,000 contaminated syringes to be shipped. “Authorities connected four deaths and 162 illnesses to the syringes,” Jewett wrote.

At his Joho the Blog, David Weinberger, live blogged a talk Clay participated in yesterday at the New Media Academic Summit held by public relations firm Edelman at Georgetown University. When asked how government and others can be encouraged to produce data in open formats Clay responded, "I’m more focused on just getting the data out. I don’t care about the format. We should tell them just to do it in plain text, if that’ll get it out faster. Once the government starts pumping it out we can have the debate about which standards."

InformationWeek’s Thomas Claburn reports on a court case before the U.S. Court of Appeals for the Sixth Circuit over the issue of whether e-mail messages deserve the same privacy protection as telephone calls. He notes that Electronic Frontier Foundation, the ACLU of Ohio, and the Center for Democracy and Technology filed an amicus brief in the case, Warshak v. USA, in support of added privacy protections.

T. J. Kelleher, writing at science magazine Seed’s "Week in Review" editorial, looked at Data.gov, the federal government’s site that promises to provide free access to data generated across all of its agencies. Kelleher asked, “Where’s the sunshine?” Kelleher mentions Sunlight Labs' Apps for America 2 contest, which is encouraging developers to build tools that will enable the common citizen to engage with the information Data.gov will be making available.

Federal Computer Week’s Ben Bain reported on Miriam Nisbet’s appointment to be the first director of a new office at the National Archives and Records Administration that will provide policy guidance to agencies for the handling of Freedom of Information Act (FOIA) requests and mediate disagreements about agency decisions not to grant requests. Some have referred to the new position as an “ombudsman” for FOIA, a development that open government advocates have welcomed wholeheartedly. Bain quotes Patrice McDermott, OpenTheGovernment.org’s director, as saying Nisbet has a deep knowledge of the issues and has strong ties to the open-government community. Patrice worked directly with Nisbet for four years at the American Library Association, Bain reports.

Tim Catts at AOL’s Daily Finance site reported that the ten banks cleared by the feds to buy back $68 billion in preferred stock investments they sold under the Treasury Department's rescue program aren't quite in the clear yet. They still have to settle on a price to repurchase hundreds of millions of warrants held by the government. Catts suggests his readers turn to SubsidyScope for a quick rundown of what goes into valuing a warrant.

In case you didn't see it, Jake Brewer, Sunlight’s engagement director, briefly profiles RaceTracker on The Huffington Post, the "non-partisan, fully-referenced, open-source and crowd-sourced wiki project that lists every candidate running in every U.S. Senate, House and governor's race" that soft launched yesterday.

Mitch Kapor Joins Sunlight's Advisory Board

Sunlight is absolutely delighted to announce that Mitch Kapor has joined the Sunlight Foundation’s board of advisors.

Mitch’s list of accomplishments will leave you breathless. He’s the founder of Lotus Development Corporation, co-founder of the Electronic Frontier Foundation, the original chair and currently on the board of directors of Linden Lab, a member of the advisory board for the Wikimedia Foundation, board member of the Mozilla Foundation, the founder of the Open Source Applications Foundation, founder of Foxmarks, and founder and trustee of the Mitchell Kapor Foundation.

And most importantly, he was an early outside advisor to Sunlight. We look forward to having him as an even closer advisor to our work.

Telecom’s K Street Buy

Glenn Greenwald's latest column illustrates how telecom companies are attempting to buy amnesty from Congress through a multi-million dollar lobbying campaign. He is dead on by calling the effort "a perfect microcosm for how our government institutions work." 

By accessing the Center for Responsive Politics' lobbying database, Greenwald reports that in the first three months of this year, three telecom companies (AT&T, Verizon, Comcast) have spent a combined $13 million lobbying Congress.  If they maintain this pace throughout this year (and what's to stop them?), the three companies will spend $50 million. Nonprofit groups such as the American Civil Liberties Union and the Electronic Frontier Foundation are leading the fight against amnesty.  Greenwald links to a post by Kurt Opsahl, EFF senior staff attorney, on his organization's Deeplinks Blog.  Opsahl makes the point that "AT&T's spending for three months on lobbying alone is significantly more than the entire EFF budget for a whole year, from attorneys to sysadmins, pencils to bandwidth."Wanna place any bets on the outcome of this one?

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The Good Guys Win One for Transparency

Yes! A U.S. district judge is forcing the feds to make public the lobbying records of telecom companies regarding the congressional debate over amnesty in the electronic surveillance legislation. The victory was won by our friends at the Electronic Frontier Foundation, who had made the case that the public has the right to full disclosure before Congress decides on the pending telecom amnesty proposals. In addition to the good news above, the judge ruled that the Office of the Director of National Intelligence (ODNI) must make the records public for a December 10 deadline. Yea, again. Timeliness is important when it comes to disclosure. This means that the disclosures will have a role in the ongoing congressional debate. So far, the House and the Senate committees dealing with the Foreign Intelligence Surveillance Act (FISA) have not yet let the telecom companies off the hook for the illegal spying on American citizens, despite a furious lobbying campaign by the administration and the industry.

Last month, EFF filed suit against the ODNI, demanding any information about telecommunications companies' lobbying efforts. "(The judge) agreed that the Administration is dragging its feet in making relevant information available and stressed that the public has a right to full disclosure before Congress acts on the pending telecom amnesty proposals," said EFF's senior counsel in a press release. "The court's order confirms our belief that aggressive use of the Freedom of Information Act is needed to challenge government secrecy."

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FOIA Tips

The folks over at the Electronic Frontier Foundation are releasing tips and guidelines on how to use FOIA, recognizing that so much good investigative reporting is happening live on the web. (Is it really happening anywhere else?)

There an FAQ on the Freedom of Information Act (FOIA) that outlines how to use open government laws to get access to records kept by federal agencies like the Federal Bureau of Investigation, the Environmental Protection Agency (EPA), or the Food and Drug Administration (FDA).

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