{"id":13320,"date":"2009-01-22T10:07:40","date_gmt":"2009-01-22T17:07:40","guid":{"rendered":"http:\/\/hill-kleerup.org\/blog\/wp\/2009\/01\/22\/too-many-secrets-marty-3.html"},"modified":"2009-01-22T10:07:40","modified_gmt":"2009-01-22T17:07:40","slug":"too_many_secrets_marty_3","status":"publish","type":"post","link":"https:\/\/hill-kleerup.org\/blog\/2009\/01\/22\/too_many_secrets_marty_3.html","title":{"rendered":"“Too many secrets, Marty”"},"content":{"rendered":"

People who have information tend to horde it. Knowledge is power, and power shared is power lessened. When it is information that might hold them accountable for stuff, they tend to horde it even more.<\/p>\n

Which is why Congress had to pass the “Freedom of Information Act<\/a>” in 1966, to compel the government to reveal information about its workings to the very people they ostensibly represent. The government has, of course, resisted it mightily over the years, always trying to find loopholes to exploit, and hoops to make applicants jump through. But as a tool for accountability, it is essential to making our representative government work.<\/p>\n

Which is why it makes me giddy to see Obama, on his first day in office, issuing a memo<\/a> like this.<\/p>\n

All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government. The presumption of disclosure should be applied to all decisions involving FOIA.<\/p><\/blockquote>\n

Imagine that — presuming that information held by the government should <\/em>be available to the public. <\/p>\n

This is counter to a memo issued by John Ashcroft, post-9\/11, dictating the opposite<\/a>.<\/p>\n

\n

I encourage your agency to carefully consider the protection of all such values and interests [privacy, confidentiality, national security] when making disclosure determinations under the FOIA. Any discretionary decision by your agency to disclose information protected under the FOIA should be made only after full and deliberate consideration of the institutional, commercial, and personal privacy interests that could be implicated by disclosure of the information.<\/p>\n

In making these decisions, you should consult with the Department of Justice’s Office of Information and Privacy when significant FOIA issues arise, as well as with our Civil Division on FOIA litigation matters. When you carefully consider FOIA requests and decide to withhold records, in whole or in part, you can be assured that the Department of Justice will defend your decisions unless they lack a sound legal basis or present an unwarranted risk of adverse impact on the ability of other agencies to protect other important records.<\/p>\n<\/blockquote>\n

 <\/p>\n

In other words, “don’t say anything unless you have to, and if you can get a DoJ lawyer to cover your butt in being silent, you’re golden.”<\/p>\n

But it’s more than just being responsive to requests. Obama is telling folks to be proactive <\/em>in giving out information.<\/p>\n

\n

The presumption of disclosure also means that agencies should take affirmative steps to make information public. They should not wait for specific requests from the public. All agencies should use modern technology to inform citizens about what is known and done by their Government. Disclosure should be timely.<\/p>\n<\/blockquote>\n

 <\/p>\n

Making information public? What, are they supposed to be public servants <\/em>or something?<\/p>\n

More info at the EFF article on this: On Day One, Obama Demands Open Government | Electronic Frontier Foundation<\/a> <\/p>\n","protected":false},"excerpt":{"rendered":"

People who have information tend to horde it. Knowledge is power, and power shared is power lessened. 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