Blog Posts and Analysis / Open, Accountable Government

NRC Secrecy Unlikely to Lead to Security for Neighbors

While the Nuclear Regulatory Commission (NRC) has issued new security standards for nuclear power plants defending against terrorist attacks, residents near these plants are unlikely to even be aware of them. The standards have been developed without the consultation of key groups, and most of the new rules are not being made public.

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Several States Rushing to Close Openness Laws

Open-government laws continue to face threats from limits on access to information for the second year in a row. Last year, 21 states passed measures to limit public access to information that was deemed sensitive. This year, 15 states have considered similar legislation, with 5 states passing laws that restrict public access to documents or meetings.

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DOJ Whistleblower on Terrorist Case Still Paying

Jesselyn Radack, a lawyer who worked in the Justice Department’s Professional Responsibility Advisory Office, is without a job and at the center of a debate over legal ethics in a high profile terrorist case. Radack provided legal advice to the FBI on the possible interrogation of John Walker Lindh, the American who was captured in Afghanistan after joining with the Taliban.

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National Security Agency's FOIA Exemption Moves Through Congress

Two dozen public interest and journalism groups objected to provisions in defense and intelligence authorization bills that would expand the zone of secrecy around the federal government's intelligence-gathering operations. The National Security Agency is seeking an blanket exemption for "operational files" from search, review and disclosure provisions of the Freedom of Information Act (FOIA).

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Supreme Court Refuses to Resolve Deportation Secrecy

On May 27, 2003 the Supreme Court refused to hear a case challenging the blanket secrecy of deportation hearings held for hundreds of foreigners detained after the September 11th attacks. The government ordered all immigration hearings closed for foreigners that were deemed "special interest" because of possible terrorist connections. This policy was challenged in two different circuit courts with two different rulings.

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Ohio Attack on E-Gov: Update

Public reaction and government employees' concern appear to have halted a proposed prohibition on Ohio government actions that could be perceived as competitive with the private sector. The provision would have prohibited that state's government agencies from providing information or services electronically to the public if the actions could be perceived as competitive with two or more commercial services providing similar services.

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Defense Rider Gives Unjustified Secrecy to Intelligence Agency

The Defense Department's budget authorization bill for fiscal year 2004 includes a provision that would further shroud the National Security Agency (NSA) in secrecy, even though no public case has been made for the provision. The Senate language, included in the proposed FY 2004 Defense Authorization Act (S. 1050, sec. 1035), would exempt all "operational files" of the NSA from public disclosure under the Freedom of Information Act (FOIA).

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