Public records, you say? (delete) What public records?

San José officials have taken a definite step forward by opening up their personal phones and email accounts to scrutiny. But fear not, my lobbyist friends! They left themselves a tiny loophole just big enough to slip a delete button through.


San José's City Council has moved a step toward adopting regulations that require the mayor, the council members, and their staffs to "make messages about public matters that council members send or receive on such personal devices subject to disclosure, just like other official records." This is a real advance for local government, and local public officials elsewhere may be feeling a bit nervous. Personally, I would like to see regulations like this apply to all government officials.

But there's one big loophole that the City Council left for itself:

It does not require them to retain messages sent via a personal e-mail account or device for any length of time.

So, if you're in San José government, and you get an inconvenient text message from a lobbyist promising you a campaign donation in exchange for a particular vote, you can just hit •delete•, and your problems have disappeared. Legally.

The fact that this reform is novel just shows how dire the conditions are at the local level for the public's right to know.

[Edited for clarity.]

A New Dawn for India, and the World

Wow. I would really hate to be a corrupt bureaucrat in India right now. I have a feeling those guys are about to have their butts handed to them.

And it's about time.

Anti-corruption superhero and tireless transparency advocate Shailesh Gandhi was recently appointed to the Indian Central Information Commissioner. Though I have seen reports that he has been named as the Chief Information Commissioner, until I see the official notice, such news is simply too good to be true.

Here's Shailesh speaking in Portland, OR, USA:

When I heard this news, I nearly fell out of my chair crying with joy. Seriously. I spent way too long fighting corruption in India to take this with my usual cool distance. Luckily for the voters of DC, I was able to maintain my composure while working the polls.

This is a victory for the world, not just India. Right now, India is experimenting on the forefront of transparency legislation. Imagine, as a US citizen, being able to ask the government not only why your Social Security check is late, but who exactly in the bureaucracy is responsible, their names, their contact information, their service records. Now imagine extending that power to keep an eye on almost all parts of government. Imagine personal accountability for failed levees and squandered disaster relief. Amazing.

Of course, you don't just magically land in a position like this. There are reasons and they shouldn't be ignored. But still, this is awesome.

With power like this, now being enforced by the likes of Shailesh Gandhi, corrupt bureaucrats should be quaking in their boots.

Here's a video of the power of the Indian Right to Information Act:

Go Shailesh, Go!