Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

advertise-here4


Slip Opinions


Groundhog Day. (fp)

Banned in Tucson. (kw)

The Best and Worst of 2011 in Race and Law (kw)

Tortured to death for trespassing. (fp)

Drones of contention. (fp)

DOJ still coddling banks. (fp)

Creative destruction? Thank banks. (fp)

Blog about a new book, on how to talk to little girls--stressing smarts not cutes.   LAC

Macey on the heroic Rakoff. (fp)

Captured NY Fed. (fp)


solicitors

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Three Oranges on Physical Punishment and Parental Rights

    • Paul Robichaux on Physical Punishment and Parental Rights

    • JR on Physical Punishment and Parental Rights

    • Jan on Physical Punishment and Parental Rights

    • Mark on Physical Punishment and Parental Rights

    • Shag from Brookline on Omelets and Eggs

    • Shag from Brookline on Omelets and Eggs

    • Joe on What Exactly is Wrong With Polygamy?

    • Phil on What Exactly is Wrong With Polygamy?

    • Lee on Lifecycles and the Firm

    • Car accident claim lawyers on Symposium Next Week on "A Legal Theory for Autonomous Artificial Agents"

    • Andrew MacKie-Mason on Can't the Supreme Court Just Say No to Cameras?

    • Joe on Employment Division v. Smith is Wrong

    • Shag from Brookline on Employment Division v. Smith is Wrong

    • Joe on Employment Division v. Smith is Wrong
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

Italians Know What Their Neighbors Make: Why Don’t You?

posted by Dave Hoffman

769388_money_scoop_2.jpgSure, it was a leak, possibly politically motivated. But for 24 hours, every Italian’s tax information was publicly available on the web.

The finance ministry described the move as a bid to improve transparency.

Deputy Economic Minister Vincenzo Visco said he could not understand what all the fuss was about.

“I can’t understand what the problem is,” he is quoted as telling Italy’s Corriere della Sera newspaper.

“This already exists all around the world, you just have to watch any American soap to see that. We had the system ready by January but we delayed publication to avoid arguments during the election campaign.”

I can’t imagine what Visco means by American soap opera’s treatment of tax law, but I myself would be perfectly happy in a world where folks’ tax filings were transparent. (In part, of course, the cost to me isn’t terribly low, as I’m sure that the public institution I work for will eventually be compelled to disclose salary data. Similarly, government officials, whose salaries are knowable, have small incentives to care about privacy). But even so, wouldn’t the privacy losses we’d all feel be balanced by the pro-social consequences of transparency? For example, I’d bet that you’d see a rise in competitive charitable giving, and more pressure on unequal pay for equal work.


 May 6, 2008 at 5:54 pm   Posted in: Tax   Print This Post Print This Post

Responses (8)

  1. William McGeveran - May 6, 2008 at 5:12 pm

    Wow, Dave, I could hardly disagree more strongly. And the public institution where I work already releases salary data publicly. I’ve argued beforethat this kind of intrusive personal disclosure in the name of generalized transparency is all cost and almost no benefit.

    Financial information, even basic facts like salary and charitable donations, is intensely private. That is reflected quite powerfully in surrounding norms. Even in our nosy modern society, asking people at a dinner party what they earn is the depth of rudeness. Heck, even asking your good friends is usually a no-no.

    And while there may be some “pro-social benefits,” as you muse, there are also some very bad consequences. Remember that there are mechanisms to get financial information in circumstances of demonstrable need — say, credit applications. But it will be no time at all before the equivalent of Zillow for salaries makes all this information instantly searchable. At that point it probably appears high up on the Google search for your name.

    In a world of Zillow for tax forms, anyone who inquires about you will know this information: blind dates, neighbors, job interviewers, potential legal adversaries, folks at your church/temple/mosque and your kids’ school, former classmates. Plus we’d see all sorts of rational ripple effects that are contrary to the ideals of an egalitarian society. I imagine we’d see rampant individualized discrimination by businesses on price and service, from higher fees for better-off customers to restaurants giving bad tables to less wealthy diners.

    You want a soap opera? Wait until everyone on Wisteria Lane knows how much everyone else makes.

  2. A.J. Sutter - May 6, 2008 at 11:26 pm

    I second Bill’s comments. While I don’t think I’d be happy to have my salary data known, I can understand the rationale for public employees. But this is quite different from income tax data, which includes other sources of income, spouse information (if filing jointly), and other personal information.

    More broadly, I think it’s worth considering why we have come to think “transparency” is a virtue that trumps everything.

    Also, I’m struck by Dave’s notion that I should be happy to outsource to a bureaucrat the decision as to what my loss of privacy is worth. Shouldn’t I have the right to decide whether or not to give up my privacy for the same of a diffuse and speculative general benefit to society?

    Reminds me a little of an abstract I read recently on SSRN, something like, “In the final part of the article, we offer predictions about the future development of law and economics, in light of its growing theoretical sophistication and the evidence of law-related preferences. The most likely outcomes are: (1) scholars advocating various forms of paternalism, whether by excluding citizens from participation in the legal system or by discounting some types of individual preferences from consideration in choosing policies ….” ( http://papers.ssrn.com/sol3/papers.cfm?abstract_id=579121 )

    I think this prediction was right on the money.

  3. dave hoffman - May 6, 2008 at 11:36 pm

    AJ & Bill: Thanks for your comments. On the paternalism point, I certainly don’t think that the IRS should be making the relevant tradeoffs, but, instead, it should be a Congressional decision. As you suggest, and as I hoped my initial point made clear, federal bureaucrats are never going to way financial privacy high in a balance. (Good article you cited to, by the way.)

    To Bill: I need to think more about the data mining aspects of the problem, and potential technical solutions. It doesn’t strike me as an impossible problem to make information available but not easily searchable or storable in bulk, but I’m not nearly as tech-savvy as you.

    As for the bigger point, putting aside commercial exploitation, I still am not emotionally connecting with the idea that financial privacy is as important a value as others we might care about, like giving us a more concrete sense of what it means to be very rich – the kind of tax avoidance strategies available to, say, Bill Gates.

  4. Lawrence Cunningham - May 7, 2008 at 9:35 am

    A 1934 US law required certain income tax information to be made public; resulting agitation over privacy rights induced its repeal in 1935. An excellent history and analysis of these events, and the broader implications for the tensions between rights to know and rights to privacy, can be found in Marjorie Kornhauser’s paper at the following link:

    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=880383

  5. sounds great - May 7, 2008 at 11:09 am

    Dave – To get things started, please post your 2007 tax returns. I look forward to experiencing the pro-social benefits of this selfless act of transparency. Many thanks.

  6. Maryland Conservatarian - May 7, 2008 at 1:30 pm

    “I still am not emotionally connecting with the idea that financial privacy is as important a value as others we might care about, like giving us a more concrete sense of what it means to be very rich – the kind of tax avoidance strategies available to, say, Bill Gates.”

    Maybe we’re just hanging out in different demographics but I’d be surprised if you could find even 1% of all filers who consider a “concrete sense of what it means to be very rich” (without actually being very rich)a more important “value” than financial privacy.

    …and do you mean tax avoidance strategies like claiming Capital Gain treatment on stock sales? itemizing deductions? claiming your children as dependents? buying municipal bonds?

    because the results of most so-called tax avoidance schemes are little more than line items on the tax return.

    And as a follow up on ‘sounds great’s suggestion, the very rich don’t even do their own taxes; I’d much rather see a tax return of a liberal law professor using the Internal Revenue Code to do good rather than evil.

  7. William McGeveran - May 7, 2008 at 3:58 pm

    Dave:

    Even if you solve the data-mining problem — and that is not easy — you still can’t have real transparency without searchability. The pro-social outcomes you seek will arise only if people have access to individualized tax data. So if I want to know about the finances of Bill Gates, or Bill McGeveran (or to bring it home for many readers, your professor or your student or your classmate), I can look him or her up.

    A move to improve the search experience by third parties such as Zillow makes the privacy problem worse, but even if the data is just on the IRS web site it’s still pretty bad.

    Now in general, intuitions about privacy are changing across generations, so maybe my intuition about the tradeoff is soon to become outdated and yours is on the rise. But I am skeptical about whether that shift in norms will extend to financial information. And I definitely think my view still represents a majority view as of right now.

  8. A.J. Sutter - May 7, 2008 at 10:51 pm

    Dave: I don’t think having Congress make the decision for me is much of an improvement over having a bureaucrat do it. Is your notion that because I’ve voted in a Congressional election I should be cool with delegating such a personal decision? That would be overly rosy about the realities of electoral democracy in the US, or about citizens’ naivete about that topic. I am “pro-choice” about disclosure of my financial information, to analogize to another well-known privacy issue.

    As for the Bill Gates argument, (1) neither he nor his ilk are sufficiently important in my life that I care about their lifestyle more than my own, and (2) one can no more get a concrete sense of what it means to be very rich by reading tax returns, than one can get a concrete sense of what it means to be in a war by reading body counts.

    On this issue you seem to have fallen into the economist’s trap of thinking in terms of aggregates of people (“pro-social benefits”), and of recommending policies based on syllogistic thinking about reified abstractions (e.g., the supposed concreteness of numbers or tax form data) — and not least of believing your “rational” preferences would be shared by others (e.g., “I myself would be perfectly happy …,” “I am still not emotionally connecting …”). Of course I was teasing you by citing your own paper against you, but more seriously I do hope that in the future you’ll be not only more vigilant about paternalism, but also more sensitive to others’ emotional connection to their most personal rights and liberties. I worry that the Law & Economics world-view will gradually erode these capabilities in a generation of lawyers.

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Derek Bambauer
Gabriella Coleman
andré douglas pond cummings
David Gray
Brishen Rogers
Joseph Turow
Elizabeth A. Wilson













Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Meredith Harbach
Michelle Harner
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schraub
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress