Posts tagged with: accountability

Via TechDirt:

…a judge has tossed out the wiretapping claims pointing out that there was no expectation of privacy out in public.

“Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public,” the judge wrote. “When we exercise that power in public fora, we should not expect our actions to be shielded from public observation.”

There’s more here and here on the question of law enforcement and ‘citizen photojournalism.’

Blog author: jballor
Monday, June 28, 2010
By

Gizmodo has an intriguing post about attempts to regulate and even criminalize photography. As Wendy McIlroy reports, “In at least three states, it is now illegal to record any on-duty police officer.” She goes on to detail some of the exceptions and caveats, noting,

The legal justification for arresting the “shooter” rests on existing wiretapping or eavesdropping laws, with statutes against obstructing law enforcement sometimes cited. Illinois, Massachusetts, and Maryland are among the 12 states in which all parties must consent for a recording to be legal unless, as with TV news crews, it is obvious to all that recording is underway. Since the police do not consent, the camera-wielder can be arrested. Most all-party-consent states also include an exception for recording in public places where “no expectation of privacy exists” (Illinois does not) but in practice this exception is not being recognized.

It is simply amazing the level of accountability and transparency that can now be achieved because of technological advancement. Certainly the Founders didn’t imagine that video recordings would ever exist, much less become important sources of evidence in legal cases.

Are there any compelling reasons that the burden of proof should be on the photographer rather than the law enforcement officer in these kinds of situations? McIlroy continues, observing “recordings that are flattering to the police – an officer kissing a baby or rescuing a dog – will almost certainly not result in prosecution even if they are done without all-party consent. The only people who seem prone to prosecution are those who embarrass or confront the police, or who somehow challenge the law. If true, then the prosecutions are a form of social control to discourage criticism of the police or simple dissent.”

Merely using a camera certainly doesn’t entitle you to do anything you want and expect protection under the First Amendment. But in clearly non-aggressive instances, where police are acting in public and there is the clear potential for recorded data to be used as exculpatory or convicting evidence, the public’s right to accountability and transparency should be respected. Again, writes McIlroy, “Cameras have become the most effective weapon that ordinary people have to protect against and to expose police abuse. And the police want it to stop.”

It’s of course understandable why officers wouldn’t like being recorded, any more than the average person would like to be recorded when doing their jobs. But the job of a law enforcement official isn’t the same as that of an accountant, an editor, or a janitor. It’s a public service position, and one that acts officially and with government sanction in public.

Maybe in our technological age law enforcement officials should increasingly expect to be recorded. Or at least always act as if what they are doing is subject to public scrutiny.

In response to the question, “What are the moral lessons of the American Recovery and Reinvestment Act (ARRA)?”

Does the ARRA mark the dawn of a new era of government accountability, from a government “of the people, by the people, for the people”?

President Obama seems to think so. He says as much in a video statement tied to the launch of Recovery.gov, “a website that lets you, the taxpayer, figure out where the money from the American Recovery and Reinvestment Act is going.”

The site claims that “the American Recovery and Reinvestment Act will be carried out with full transparency and accountability — and Recovery.gov is the centerpiece of that effort.”

In his brief statement, President Obama says, “The size and scale of this plan demand unprecedented efforts to root out waste, inefficiency, and unnecessary spending.”



Your Money at Work from White House on Vimeo.

Call me cynical, but somehow I doubt that a package that was rushed through without time for reflection and public examination is going to ex post facto become accountable to the people.

Let’s just say that if the “transparency” of the way the TARP funds have been distributed and used is any model for what’s going to happen with ARRA, we’ll be a long way from a new era of government accountability. Recovery.gov looks a lot more like window dressing, or better yet an arranging of the deck chairs on the Titanic after the ship has already sailed.

Blog author: jballor
Tuesday, December 23, 2008
By

You can view the most recent list of those companies that have received bailout assistance from the federal government via the Emergency Economic Stabilization Act of 2008 (EESA), executed through measures like the Troubled Asset Relief Program (TARP), here (PDF updated 12/16/08).

I’m thinking about adding these companies to my own personal “naughty” list.

Visit the EESA homepage, where you can sign up for EESA e-mail updates as your tax dollars are spent for you. “How is this money being spent?” you might ask. Well, in the interest of full disclosure, the government has not required any special reporting for how the bailees are using these funds.

Remember that rush to push the bailout through right before the election, when the government and the media were telling us that Congress needed to hurry up and authorize the use of more money than has been spent on the entire Iraq war? The legislation appears to be so sloppy that it allows the executive branch to distribute the funds as it pleases, without any accountability for how the funds are being spent, and without any restrictions on what sort of industry qualifies.

I guess it’s more important that the money gets spent rather than how it gets spent.

Since government is now in the business of rewarding failure (call it a “demeritocracy”), nominate those most deserving of money from the bailout in the comment boxes below. Here’s a list to get you started:




New from Acton Media, this video short titled “How Not to Help the Poor” discusses the root causes of poverty and how even the best of intentions can go wrong in dealing with and trying to help those in need.

Anthony Bradley has written a thoughtful and challenging commentary titled, “John Edwards is the Real World.” Bradley discusses the moral bankruptcy and sexual infidelity that plagues our culture, and further highlights the seriousness of sin and its consequences. Bradley notes:

In the decades to come, stories like this will be the American social narrative because Americans are not inculcating virtue in children. Are parents today raising children to be women and men of prudence, courage, justice, and self-control? Or are we raising the kinds of children who will be the self-focused, egotistic, and narcissistic, believe they are invincible and are morally accountable to no one? That is, “successful,” but lacking integrity.

This is a refreshing commentary that discusses an important topic that will determine much about the future stability and ethical health of our nation.

Check out Global Integrity, “an independent, non-profit organization tracking governance and corruption trends around the world. Global Integrity uses local teams of researchers and journalists to monitor openness and accountability” (HT: Librarians’ Internet Index: New This Week).

There are limitations, of course, such that countries such as Venezuela or China are not listed as of yet. But Global Integrity might be one valuable tool to add to your “global citizen’s” toolkit.

And while we’re on the topic, don’t forget to add this to your toolkit as well: A Theory of Corruption, by Osvaldo Schenone and Samuel Gregg.