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September 23, 2005

House Publishes New 'Citizens' Guide' To FOIA

A new edition of the "Citizen's Guide on Using the Freedom of Information Act," first released in 1977, has been published by the House Committee on Government Reform.

A copy of the new guide is available via the Federation of American Scientists' Web site, online here.

September 13, 2005

RCFP Chronicles 'Nasty Byproducts' Of Govt. Secrecy

The Reporters Committee for Freedom of the Press has released the 6th edition of its annual white paper chronicling the effects of the War on Terrorism on the public's right to know.

Using the same color-coded threat assessment levels as the Department of Homeland Security—though in this case the threat is to open government—"Homefront Confidential" includes a detailed chronology of events, a section on covering the war in Iraq, access to terrorism-related judicial proceedings, the impact on domestic coverage, the effect of the USA PATRIOT Act, reporter's privilege, freedom of information concerns, and state issues.

"Since the 5th edition was released a year ago, it has become clear to us that secrecy has nasty byproducts," said RCFP Executive Director Lucy Dalglish. "When more secrets are kept, journalists are forced to report using confidential sources, which, unfortunately leads to more subpoenas served on journalists."

The RCFP Web site has more information about the report, including a link to a downloadable PDF version. Click here.

SEJ Reports On FOIA Flaws

A comprehensive, new report from the Society of Environmental Journalists finds that reporters' frustrations with the federal government's lack of information about potentially hazardous environmental conditions in the aftermath of Hurricane Katrina are only the latest in a history of delays, denials and dangerous secrets.

"A Flawed Tool: Environmental Reporters' Experiences with the Freedom of Information Act" recounts the "increasingly difficult time" environmental reporters are having with the federal government over information regarding Superfund sites, chemical factories, mining accidents and other issues.

SEJ reports that even before the terrorist attacks of Sept. 11, 2001, environmental reporters faced "seemingly interminable delays and withholding of crucial information on dubious grounds." Since then, however, SEJ found that the situation has become even worse, with government officials holding up FOIA requests until agencies determine whether a journalist is entitled to the mandatory waiver of search fees.

Among the journalists interviewed for the report, three-quarters said they'd faced significant delays in getting information from federal agencies, some of which will not respond to requests for even routine documents without a formal FOIA request. And when requests are answered, large portions of the documents are generally redacted.

The report concluded with calls for action from Congress, journalists and the public. It can be found online here, at the SEJ Web site.

September 06, 2005

Report: Secrecy Is On The March

For every $1 spent by the federal government on declassifying old secrets, $148 was spent classifying new ones, according to the "Secrecy Report Card 2005" from OpenTheGovernment.org.

For perspective, from 1997 to 2001, the same figure showed less than $20 spent classifying for each $1 spent declassifying.

Among its findings, the report noted that the executive branch has invoked the "state secret" privilege to withhold information 23 times since 2001. From 1953 to 1976, during the height of the Cold War, that privilege was invoked a total of four times.

The "Secrecy Report Card 2005" also examined how much information is being classified and what it costs, topline numbers for Freedom of Information Act requests, new "secrecy orders" for patents, activity in the Foreign Intelligence Surveillance Court, whistleblowers, federal advisory committees, state legislation, and the growing trend toward hiding information behind "sensitive but unclassified" descriptors.

"The indicators we examined point to one conclusion: secrecy is growing," said Rick Blum, director of OpenTheGovernment.org. "Secrecy robs us of the chance to make informed decisions, to make our communities safer, and fundamentally, to participate in our democracy. We must reverse this troubling trend."

In a statement released with the report, Rep. Christopher Shays (R-Conn.), chairman of the Subcommittee on National Security, Emerging Threats and International Relations, noted, "In the battle against terrorist ideologies, we deny ourselves essential ammunition by indulging in a culture of excessive secrecy….Rather than find better methods to share information with those who need to know it, including the public, too much time and money is being spent inventing new ways to keep secrets from each other."

The "Secrecy Report Card 2005" is on the OpenTheGovernment.org Web site, online here.