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Wednesday, February 08, 2006

Ind. Gov't. - More on the Indiana General Assembly's video record; concerns about the video record

Mary Beth Schneider of the Indianapolis Star has a front-page story today about cameras in the House and Senate Chambers, broadcasting each session day over the internet and, in the case of the House, archiving the video, at least for a time. Some quotes:

"Technology is quickly revolutionizing the legislative process," said House Speaker Brian C. Bosma, R-Indianapolis. "We've been able to use technology to open our doors to the public. It's the greatest open-door initiative since the adoption of the open-door law (barring secret government meetings) some 30 years ago."

The House began letting people listen in on debates via computer in 2002 and upgraded to video in 2005. The Senate joined midsession last year. The House has expanded its webcasts this year to include the House Ways and Means Committee, where budget and tax issues are debated, and is adding a room used by other committees.

Julia Vaughn, policy director of the citizens' lobbying group Common Cause/Indiana, said the only thing better would be to have the video on local cable access stations, so that people without computers also could watch. So far, she said, only a LaPorte County cable station is picking up the legislative webcast. The more the public becomes part of the democratic process, she said, the better for everyone.

Nationally, videocasts of legislative proceedings are becoming commonplace. According to a 2005 survey by the National Conference of State Legislatures, 27 other states have some form of Web or television viewing of their legislative sessions, while 12 have audio.

Last Sunday the ILB wrote in part:
The video archives of the Indiana House sessions are important Indiana historical documents. The Indiana Senate does not even maintain an archive of its session days. The House, to its credit, does, at least during the session.

But where is the archive of the 2005 House session? This was removed from the General Assembly website when this year's session began. Perhaps this historical treasure trove was summarily pitched. If not, it should again be made accessible online for the citizens of the State. And why not post them as video podcasts, so that citizens can download them and view them more easily. Many citizens do not have internet connections that permit viewing multi-hour sessions without tecnhical interference.

Today's Star story has some quotes addressing those concerns:
Bosma said rules will have to be enacted to ensure that the video archive is not altered for reasons more serious than an inappropriate joke.

But, Bosma said, the video record is not official, nor does he want to see it become so. The fear is that, if the records are kept indefinitely, lawyers and judges will pick apart lawmakers' comments, looking for an opening to challenge laws.

The House video camera, suspended above the chamber like a never-blinking black eyeball, already has resulted in one lawsuit -- the successful challenge to the traditional opening prayer in the House. The fact that the House had video through all of the 2005 session, while the Senate did not, led to the lawsuit being filed only against the House. [emphasis added]

My thoughts. There is no current requirement that these video records be created, but once they are, I would think they are public records and may not be summarily disposed of simply because someone in the future may want to review them. Under that reasoning, everyone in state government might wipe their computer disks and shred their paperwork on a weekly basis.

Posted by Marcia Oddi on February 8, 2006 08:21 AM
Posted to Indiana Law