Secrecy wins in court, but excesses exposed

The courts recently addressed government secrecy in a set of actions that yield mixed results for government efforts to carve out a bigger zone of secrecy in open society in the name of national security.

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CIA Memo Stands Up for Secrecy

In an unclassified memorandum by the Central Intelligence Agency (CIA), entitled “The Consequences of Permissive Neglect”, a senior official on the agency’s Foreign Denial and Deception Committee, James B. Bruce, called for a targeting of the news media, making them legally accountable for leaked information that they publish.

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First Amendment Under Attack from Anti-Terrorist Measures

The Constitution Project’s Liberty and Security Initiative, launched soon after the terrorist attacks of September 11, recently released a report detailing the effects that policies adopted in response to the terrorist threat have on the First Amendment. The report, and its various signatories, clearly recognize and support the federal government’s objective to protect Americans from terrorist threats, attacks, and activities. However, the Initiative members also acknowledge the vital importance of the fundamental rights and values protected by the First Amendment.

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Bill Introduced to Bolster Whistleblower Protections

Last week Sens. Leahy (D-VT), Levin (D-MI), and Akaka (D-HI) introduced an important bill to reinforce traditional whistleblower protections. The Whistleblower Protection Act Amendments (S. 1229) are the product of three years of research and staff review, as well as in-depth hearings. Various court decisions have eroded the protections for whistleblowers established by Congress in 1989 with the unanimously supported Whistleblower Protection Act, which was later strengthened, again with a unanimous vote, in 1994.

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Panel Investigates Impact of SBU on Media

Last week, The Annenberg Public Policy Center of the University of Pennsylvania held a conference entitled, “Sharing and Protecting Homeland Security Information -- Avoiding Conflict Between the Media and the Government.”

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Government Increasingly Citing Privacy for FOIA Denials

A study completed for the Investigative Reporters and Editors (IRE) Conference last week found that federal agencies are increasingly using privacy exemptions when denying requests under the Freedom of Information Act (FOIA). The study, which examined FOIA annual reports from the 13 Cabinet-level departments in existence as of September 30, 2002, reported that over the past five years almost two out of three request denials cited privacy exemptions.

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In the Name of Homeland Security, Let the Stonewalling Begin

The Department of Homeland Security (DHS) has been severely criticized over recent allegations that department resources were used during a partisan political battle in Texas. On Monday May 12th, more than 50 Democratic Texas state legislators fled to Oklahoma to avoid hearings and prevent the Legislature from having quorum on a bill that would redraw congressional districts in the Republicans’ favor. The same day, a DHS agency was contacted in order to track a plane carrying several of the Democrats in hopes of returning them to the state capitol.

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