Case Study
Megan Kanka’s death in 1994 led to a wave of disclosure laws requiring states to publish the whereabouts of released sex offenders — and Washington State built one of the most aggressive versions, giving the public near-unlimited online access to names, photos, and addresses. But Archon Fung, Mary Graham, and David Weil found a wrinkle that disclosure advocates rarely mention: by one national estimate, roughly a quarter of offenders simply don’t register at all.
In response to public outrage following the rape and murder of a seven-year-old girl named Megan Kanka by a released sex offender, New Jersey approved legislation in 1994 requiring disclosure of the places of residence of released sex offenders. Two years later, the federal Megan’s Law was enacted. It required that all states release information to the public about known convicted sex offenders. States were given considerable discretion in how information would be provided, how frequently it would be updated, and how detailed it would be. The federal law amended an earlier statute that required states to maintain registries of released sex offenders.
By 2006, all fifty states and the District of Columbia had created some form of sex offender registry and had provided for community notification of offenders’ places of residence. Notification methods varied widely from state to state, from active communication by police via door-to-door visits, mailings, and community meetings, to notice via hotlines or Web sites. The constitutionality of state laws in Connecticut and Alaska was upheld by the Supreme Court in 2003 after lower courts struck them down as violations of due process and on other grounds.
Washington State’s sex offender registration and notification system, the state system that we have analyzed for the book Full Disclosure, predates both federal statutes. The state’s 1990 Community Protection Act was based on a finding that “sex offenders pose a high risk of engaging in sex offenses even after being released from incarceration” and aimed to provide notice about the current residence of released sex offenders as a means of reducing risks to individuals and the community.
In order to provide “necessary and relevant information” to the public, the law required that any adult or juvenile convicted of any sex or kidnapping offense register with the county sheriff ’s department within twenty-four hours of release or thirty days of becoming a new state resident. Offenders were required to provide their name, address, date and place of birth, place of employment, information about the crime, a photograph, and other personal data. Those convicted of Class A felonies remained on the list throughout their lives, while those convicted of lesser crimes remained on the list for ten or fifteen years. Failure to register or provide accurate information was deemed a class C felony or gross misdemeanor, depending on the severity of the original crime. Community notification was provided through mailings, direct notification by the police, and the Internet. Washington was one of the first states to provide an Internet based system for searching and locating individuals on the registry, which includes photographs of offenders. Members of the public are given essentially unlimited access to personal information on offenders, including their conviction records. The state’s web site does caution that, “It is against the law (RCW 9A.44.130) to use this information in any way to threaten, intimidate, or harass registered offenders.”
Washington’s sex offender disclosure system has become more rigorous over time. The law has been amended to allow police to disclose relevant information to public and private schools, child and family day care centers, and businesses and other organizations that primarily serve children and community groups. State officials have increased the amount of information required and tightened the timeliness of submission and requirements for updating changes in residence. As of March 31, 2006, 18,943 sex and kidnapping offenders were listed on the Washington public registry. The state does not estimate compliance rates. Parents for Megan’s Law, a national organization that monitors state-level Megan’s Laws, estimates that about one-quarter of sex offenders nationally fail to comply with state registration requirements.
This case study is drawn from Full Disclosure, Fung, Graham and Weil, 2007.
Article
Big brands keep the reputation and the profits — so who’s actually on the hook when labor laws get broken? David Weil’s “fissured workplace” theory has an answer, and it’s not the one regulators have been using.
Article
Archon Fung and Elena Fogotto describe a new Commonwealth Fund–supported project examining whether smartphones, apps, and wearables can create a better model of transparency: one where patients not only access information but generate and share their own health data through platforms like Smart Patients and patient-powered research networks. The project will study these platforms’ features, how they empower patients, and whether their benefits reach all users or mainly the tech-savvy.
Article
Wouldn’t it make sense to find out—before applying for a job in a dangerous industry—which firms have a safe track record and which don’t? The Obama administration thought so and proposed an online system for accessing workplace safety data. The Trump administration disagreed, delaying it indefinitely—a decision that raises injury risk for thousands of workers.
David Michaels and David Weil argue that OSHA-driven transparency can push dangerous employers to improve: making injury data public would likely “nudge” them into better protecting their workers.
Additional Resource
The Shorenstein Center’s 2026 Voting Information Trends project—developed in collaboration with the National Internet Observatory at Northeastern University, the Ash Center for Democratic Governance and Innovation’s Program on Democracy and the Informed Public, and The Civic Health and Institutions Project—provides new insights into the voter information landscape in the United States ahead of the 2026 midterm elections.
Among the resources, an interactive dashboard maps where Americans are finding voting information and learning about key aspects of the voting process—from sourcing polling locations to voter registration. Also included are a series of trends reports gauging perceptions of voting in the lead up to the 2026 midterm elections.
Open Access Resource
With a majority of municipalities publishing their budgets as PDFs, Open Book offers a free alternative that towns own and run themselves.
Feature
Archon Fung, co-director of the Program on Democracy and the Informed Public, shares his top book recommendations for the summer.
