of Information and Albanian Public Administration Project (Washington,
DC: World Bank Group, 2004).
111. See, for example, Toby Mendel, Legislation on Freedom of Information:
Trends and Standards, PREM Note 93 (Washington, DC: World Bank,
112. World Bank, Program Document for a Proposed Credit in the Amount
of SDR 40.54 Million to the Republic of Honduras for a Poverty Reduc-
tion Support Credit, May 26, 2004; World Bank, Program Document
for a Proposed Credit in the Amount of SDR 49 Million to the Republic
Notes to Pages 188‚Ä“191
of Nicaragua for a Poverty Reduction Support Credit, December 16,
113. Leo Van Houtven, Governance of the IMF, Pamphlet No. 53 (Washington,
DC: International Monetary Fund, 2002), 58‚Ä“59.
114. International Financial Institution Advisory Commission, Final Report
(Washington, DC: International Financial Institution Advisory Commis-
115. ‚ÄúLoan agreements are routinely negotiated in secret between banking
and government ofÔ¬Ācials who, for the most part, are not accountable
to the people on whose behalf they are obligating the national treasury
to foreign lenders.‚ÄĚ Tony Clarke, ‚ÄúMechanisms of Corporate Rule,‚ÄĚ in
The Case against the Global Economy, ed. Jerry Mander and Edward
Goldsmith (San Francisco: Sierra Club Books, 1996), 300.
116. Thomas Dawson, Transparency and the IMF: Toward Second Generation
Reforms (Washington, DC: International Monetary Fund, 2003).
117. Wall Street Journal, ‚ÄúFirst, Uncloak the IMF,‚ÄĚ November 21, 1997.
118. Joseph Stiglitz, ‚ÄúWhat I Learned at the World Economic Crisis,‚ÄĚ The New
Republic, April 17‚Ä“24, 2000, 56‚Ä“60.
119. Martin Gruenberg, a member of the staff of the U.S. Senate Banking
Committee, speaking at an IMF forum in December 2001: International
Monetary Fund, Transparency at the International Monetary Fund: The
Road Ahead (Washington, DC: International Monetary Fund, 2001).
120. In 1983 and 1992 General Accounting OfÔ¬Āce, Treasury Maintains Formal
Process to Advance U.S. Agenda at the International Monetary Fund, GAO-
03-401R (Washington, DC: General Accounting OfÔ¬Āce, 2003).
121. HR 3331, 105th Cong.
122. General Accounting OfÔ¬Āce, International Monetary Fund: Observations
on Its Financial Condition, GAO/T-NSIAD-98-220 (Washington, DC:
International Monetary Fund, 1998).
123. Omnibus Appropriations Act, H.R. 4328 (P.L. 105‚Ä“277), section 601.
124. Michel Camdessus, Remarks to the World Affairs Council (Philadelphia,
PA: International Monetary Fund, 1998).
125. Executive OfÔ¬Āce of the President, Press BrieÔ¬Āng by Treasury Secretary
Robert Rubin, National Economic Advisor Gene Sperling, and Deputy
Treasury Secretary Larry Summers (Washington, DC: OfÔ¬Āce of the Press
126. Joint Economic Committee, IMF Reform CertiÔ¬Ācation by Treasury and
Fed Expected (Washington, DC: Joint Economic Committee, 1998).
127. International Monetary Fund, IMF Takes Additional Steps to Enhance
Transparency, PIN 99/36 (Washington, DC: International Monetary
128. See, in particular, International Monetary Fund, IMF Reviews the Expe-
rience with Publication of Staff Reports and Takes Decisions to Enhance
Transparency, PIN 01/3 (Washington, DC: International Monetary Fund,
129. Hans Kohler, ‚ÄúIMF Must Adapt and Reform,‚ÄĚ IMF Survey, August 14,
Notes to Pages 191‚Ä“193
130. Dawson, Transparency and the IMF: Toward Second Generation Reforms.
131. Statistics on the publication of key documents are provided in Interna-
tional Monetary Fund, The Fund‚Ä™s Transparency Policy ‚Ä“ Issues and Next
Steps (Washington, DC: International Monetary Fund, 2003).
132. Bretton Woods Project, IMF Transparency Still Lagging on Crucial Issues
(Washington, DC: Bretton Woods Project, 2003).
133. International Monetary Fund, Transcript of Press BrieÔ¬Āng by Thomas C.
Dawson (Washington, DC: International Monetary Fund, 2003).
134. International Monetary Fund, Public Information Notice: IMF Reviews
the Fund‚Ä™s Transparency Policy ‚Ä“ Issues and Next Steps, PIN 03/122
(Washington, DC: International Monetary Fund, 2003). In 2003, the IMF
also reminded governments that IMF documents could not be released
under national disclosure laws without its consent: William Holder, Pub-
lication Policies of the Fund (Washington, DC: OfÔ¬Āce of the Deputy Gen-
eral Counsel, International Monetary Fund, 2003), 7.
135. Stanley Fischer, Farewell to the IMF Board (Washington, D.C.: Interna-
tional Monetary Fund, 2001).
136. Ydahlia Metzgen, Division Chief of the IMF Policy Development and
Review Department International Monetary Fund, Transparency at the
International Monetary Fund: The Road Ahead.
137. Thomas Dawson, IMF Director of External Relations: Dawson, Trans-
parency and the IMF: Toward Second Generation Reforms. On the lack
of knowledge about conditions in crisis countries, see Louis Pauly,
Who Elected the Bankers? (Ithaca, NY: Cornell University Press, 1997),
124; Group of Independent Experts, External Evaluation of IMF Surveil-
lance (Washington, DC: International Monetary Fund, 1999), 99; Rachel
Glennerster and Yongseok Shin, Is Transparency Good for You, and Can
the IMF Help? Working Paper 03/132 (Washington, DC: International
Monetary Fund, 2004), 2.
138. On the expansion of surveillance following the Mexican crisis, see Pauly,
Who Elected the Bankers? 127. On the need for expansion following the
East Asian crisis, see International Monetary Fund, Annual Report 1998
(Washington, DC: International Monetary Fund, 1998), 34‚Ä“38.
139. International Monetary Fund, Assessing the Implementation of Stan-
dards ‚Ä“ an IMF Review of Experience and Next Steps, PIN 01/17
(Washington, DC: International Monetary Fund, 2001).
140. Group of Independent Experts, External Evaluation of IMF Surveillance,
141. Paul Blustein, The Chastening (New York: PublicAffairs, 2001), 49.
142. Robert Kuttner, ‚ÄúThe Role of Governments in the Global Economy,‚ÄĚ in
On the Edge: Living with Global Capitalism, ed. Will Hutton and Anthony
Giddens (London: Vintage, 2001), 150. See also Blustein, The Chastening,
143. Flemming Larsen, ‚ÄúThe Global Financial Architecture in Transition,‚ÄĚ
OECD Observer, March 11, 2002, 10‚Ä“12.
144. A 2003 study found that developing countries refused to allow publi-
cation of the major surveillance document, the Article IV staff report,
Notes to Pages 193‚Ä“202
about half the time; publication rates for newer surveillance products
were also very low in some regions: International Monetary Fund, The
Fund‚Ä™s Transparency Policy ‚Ä“ Issues and Next Steps, 26‚Ä“29.
145. International Monetary Fund, Evaluation Report: IMF and Recent Capital
Account Crises (Washington, DC: Independent Evaluation OfÔ¬Āce, 2003),
146. International Monetary Fund, The Fund‚Ä™s Transparency Policy ‚Ä“ Issues
and Next Steps, 36. In an earlier report, the Fund observed that major
American institutional investors were relying on its reports to guide its
investment decisions: International Monetary Fund, Quarterly Report on
the Assessments of Standards and Codes ‚Ä“ June 2002 (Washington, DC:
International Monetary Fund, Policy Development and Review Depart-
147. Several of these organizations are discussed by Anne Marie Slaughter,
Global Government Networks, Global Information Agencies, and Disag-
gregated Democracy, Working Paper 018 (Cambridge, MA: Harvard Law
148. Stephen Gill, borrowing a phrase from Michel Foucault, suggests that
the aim of organizations such as the WTO and IMF is ‚Äúpanopticism,‚ÄĚ
designed to advance a project of ‚Äúdisciplinary neoliberalism . . . a world
in which the discipline of capital . . . would operate along rationalist prin-
ciples based on full access to relevant public and private information:
Stephen Gill, The Constitution of Global Capitalism, Paper presented at
the International Studies Association Annual Convention, Los Angeles
(Toronto, Canada: York University, 2000), 11. See also Ann Florini, Trans-
parency in the Interests of the Poor (Washington, DC: World Bank Sum-
mer Research Workshop on Poverty, 1999).
9. Liquid paper
1. A wonderful discussion of the role of paper and documents in mid-
nineteenth century bureaucracies can be found in David Vincent, The
Culture of Secrecy in Britain, 1832‚Ä“1998 (New York: Oxford University
2. For a brief history of the evolution of personal information databases, see
Simson GarÔ¬Ānkel, Database Nation, 1st ed. (Beijing; Cambridge: O‚Ä™Reilly,
4. Matthew Wald, ‚ÄúLink between Tires and Crashes Went Undetected in
Federal Data,‚ÄĚ New York Times, September 8, 2000, A1; Josh Barbanel,
‚ÄúFatal Explorer Accidents Involving Bad Tires Soared in ‚Ä™99,‚ÄĚ New York
Times, September 19, 2000, C1.
5. David Barstow, ‚ÄúU.S. Rarely Seeks Charges for Deaths in Workplace,‚ÄĚ
New York Times, December 22, 2003, A1.
6. Times reporter Walt Bogdanich wrote several articles on the subject in
2004. The last in the series was Walter Bogdanich, ‚ÄúQuestions Raised on
Warnings at Rail Crossings,‚ÄĚ New York Times, December 30, 2004, 1.
Notes to Pages 202‚Ä“206
7. Robert Cohen and J. Scott Orr, ‚ÄúForeign Objects: The Risky World of
Medical Implants,‚ÄĚ Newark Star-Ledger, August 11, 2002.
8. Ken Silverstein, ‚ÄúUnjust Rewards,‚ÄĚ Mother Jones, May‚Ä“June, 2002, 68.
10. Rebecca Carr, ‚ÄúReport Says Terror War Waged Poorly in Court,‚ÄĚ Atlanta
Journal-Constitution, December 8, 2003, 3A.
11. David Johnston, ‚ÄúCorporate Risk of a Tax Audit Is Still Shrinking, I.R.S.
Data Show,‚ÄĚ New York Times, April 12, 2004, C1.
12. Center for Public Integrity, Windfalls of War: U.S. Contractors in Iraq and
Afghanistan (Washington, DC: Center for Public Integrity, 2003).
13. Center for Public Integrity, Incomplete Disclosure: IRS Filings Show Few
Penalties for Political Committees That Fail to Meet Requirements (Wash-
ington, DC: Center For Public Integrity, 2004); Internal Revenue Service,
News Release: IRS Acts to Enforce Reporting and Disclosure by Section 527
Political Groups, IR-2004-110 (Washington, DC: Internal Revenue Service,
14. A detailed discussion of TRI is provided in Mary Graham, Democracy
by Disclosure: The Rise of Technopopulism (Washington, DC: Brookings
Institution Press, 2002), 21‚Ä“61.
15. For example, see http://www.scorecard.org, a site maintained by the advo-
cacy group Environmental Defense.
16. The claims were exaggerated, as Graham notes. See also Alasdair Roberts,
‚ÄúReview of Mary Graham, Democracy by Disclosure,‚ÄĚ Journal of Policy
Analysis and Management 22, no. 4 (2003): 709‚Ä“712.
17. United States Department of Justice, ‚ÄúReport on ‚Ä˜Electronic Record‚Ä™ FOIA
Issues,‚ÄĚ FOIA Update XI, no. 2 (1990).
20. United States Department of Justice, Freedom of Information Act Guide,
21. The amendments were contained in the Electronic Freedom of Informa-
tion Act Amendments of 1996, P.L. 104‚Ä“231.
22. Schladetsch v. HUD, No. 99-0175 (D.D.C. Apr. 4, 2000).
23. Dayton Newspapers, Inc. v. Dep‚Ä™t of the Air Force, 35 F. Supp. 2d 1033.
24. Public Citizen brought suit against the Justice Department on behalf of the
Clearinghouse in 1998, 2000, and 2002. Their efforts are brieÔ¬‚y described
25. Center for Public Integrity, Complaint for Declaratory and Injunctive Relief
against the U.S. Department of Justice, July 29, 2004.
26. United States Department of Justice, Freedom of Information Act
27. Kirsti Nilsen, ‚ÄúGovernment Information Policy in Canada,‚ÄĚ Govern-
ment Information Quarterly 11, no. 2 (1994): 191‚Ä“209, 205. Emphasis in
28. Bill 2782, Assembly of the State of New Jersey, 211th Legislature, intro-
duced May 10, 2004.
Notes to Pages 206‚Ä“209
29. Alasdair Roberts, ‚ÄúLess Government, More Secrecy: Reinvention and
the Weakening of Freedom of Information Law,‚ÄĚ Public Administration
Review 60, no. 4 (2000): 298‚Ä“310, 315.
30. Jeffrey McCracken, ‚ÄúU.S. OfÔ¬Ācials Backtrack on Safety Disclosure Amid
Suit by Tire Makers,‚ÄĚ Detroit Free Press, September 24, 2004. The data was
collected under the Transportation Recall Enhancement, Accountability,
and Documentation (TREAD) Act, adopted in Fall 2000.
31. Graham, Democracy by Disclosure: The Rise of Technopopulism, 31‚Ä“34.
32. Peter Fairley and Rick Mullin, ‚ÄúScorecard Hits Home,‚ÄĚ Chemical Week,
June 3, 1998, 24‚Ä“26.
33. Peter Fairley, ‚ÄúRight-to-Know Knocks: Will the Industry Open Up?‚ÄĚ Chem-
ical Week, August 20, 1997, 19‚Ä“21.
34. Andrea Foster, ‚ÄúTRI Expansion Options Shift,‚ÄĚ Chemical Week, May 6,
35. John Cushman, ‚ÄúEPA Is Pressing Plan to Publicize Pollution Data,‚ÄĚ New
York Times, August 12, 1997, A1.
36. The case was Tozzi et al v. EPA, (D.D.C. No. 98 CV-00169). See also Graham,
Democracy by Disclosure: The Rise of Technopopulism, 31‚Ä“34.
37. The EPA‚Ä™s database of risk management plans was completely removed
from the web following the September 11, 2001, attacks: General Account-
ing OfÔ¬Āce, Homeland Security: EPA‚Ä™s Management of Clean Air Act Chem-
ical Facility Data, GAO-03-509R (Washington, DC: Government Account-
ing OfÔ¬Āce, 2003).
38. A survey of the data that might be collected is provided by Daniel J. Solove,
‚ÄúAccess and Aggregation: Privacy, Public Records, and the Constitution,‚ÄĚ
Minnesota Law Review 86, no. 6 (2002): 1137‚Ä“1218, 1142‚Ä“1149.
39. U.S. Dept. of Justice v. Reporters Committee, 489 U.S. 749 (1989) at 761.
40. A survey of the dominant Ô¬Ārms is provided by Chris Hoofnagle, ‚ÄúBig
Brother‚Ä™s Little Helpers: How ChoicePoint and Other Commercial Data
Brokers Collect, Process, and Package Your Data for Law Enforcement,‚ÄĚ
University of North Carolina Journal of International Law and Commercial
Regulation 29 (2004): 595.
41. The acquisitions are reported in ChoicePoint‚Ä™s Form 10-K Annual Report
to the Securities and Exchange Commission, Ô¬Āled on March 12, 2004.
42. Shane Harris, ‚ÄúPrivate Eye,‚ÄĚ Government Executive, March, 2004, 30‚Ä“36,
43. Hoofnagle, ‚ÄúBig Brother‚Ä™s Little Helpers: How ChoicePoint and Other
Commercial Data Brokers Collect, Process, and Package Your Data for
Law Enforcement,‚ÄĚ 600.
44. Robert O‚Ä™Harrow Jr., ‚ÄúIn Age of Security, Firm Mines Wealth of Personal
Data,‚ÄĚ Washington Post, January 20, 2005, A1.