Sunday, February 11, 2007
CIA Proposed Rule on FOIA Fees Would Burden Requesters and the Agency National Security Archive Warns that Fee Disputes Obstruct Open Government
National Security Archive Comments on Proposed CIA FOIA Fee Regulations(PDF - 135 KB) National Security Archive FOIA page Washington DC, February 7, 2007 - The CIA's proposed new rule on Freedom of Information Act processing fees is likely to discourage FOIA requesters while imposing new administrative burdens both on the Agency and the public, according to formal comments filed with the CIA today by the National Security Archive of George Washington University. The Archive's general counsel, Meredith Fuchs, commented that, "Significant time, money, and other resources were spent by the CIA on fee disputes last year. One of those disputes involved the CIA's refusal to abide by a D.C. Circuit Court of Appeals judicial decision about the Archive's fee status. Given that the Agency recouped only $4,732.80 in fees in FY 2006, those disputes served mainly to delay and obstruct FOIA requests." The Archive recommended that the Agency change its proposed rule to: (1) eliminate the unnecessary and improper definitions of FOIA requester categories; (2) eliminate the requirement that all requesters make open-ended, written fee commitments because many FOIA requests can be processed without the requester incurring any fees and the CIA proposal would discourage requesters and add to the Agency's administrative processing time; (3) eliminate the illegal provision mandating prepayment of fees before the CIA will honor form or format requests; (4) revise the proposed duplication fees provisions so that requesters pay only those "direct costs" actually incurred in the processing of the individual request, whether for paper or electronic duplication; and (5) revise the public interest fee waiver provisions to follow the letter and intent of the FOIA to promote dissemination of information in the public interest. The Archive has had to sue the CIA twice over FOIA fee issues, despite the D.C. Circuit's definitive 1989 ruling in the Archive's favor. The most recent case, filed in 2006, covered 42 FOIA requests that the CIA deemed not to be "newsworthy"; only after the Archive filed its legal complaint and a motion for summary judgment in the U.S. District Court for the District of Columbia did the CIA reverse course on the 42 requests, but even then fell short of committing to abide by the judicial precedents. Click here for more
Feb 12 Meeting Agenda
MnCOGI Board meeting
Monday, February 12, 2007
2:30 p.m.
Cafeteria - Coeur de Catherine
College of St. Catherine
Agenda items
February 5 planning meeting - follow-up
Betzold talk - February 226 - 5:00 p.m.
Finnegan FOI Award - nominations due 3/1
Webcast - March 12 – details
FOI Day - March 16 - details
Finances - request to funders
Website - "look" and responsibility
Other agenda items
Next meeting
If you have items to add to the agenda please bring them Monday.
We have a lot to do!!! Please try to make the meeting!
Monday, February 12, 2007
2:30 p.m.
Cafeteria - Coeur de Catherine
College of St. Catherine
Agenda items
February 5 planning meeting - follow-up
Betzold talk - February 226 - 5:00 p.m.
Finnegan FOI Award - nominations due 3/1
Webcast - March 12 – details
FOI Day - March 16 - details
Finances - request to funders
Website - "look" and responsibility
Other agenda items
Next meeting
If you have items to add to the agenda please bring them Monday.
We have a lot to do!!! Please try to make the meeting!
Saturday, February 10, 2007
Steven Aftergood condemns the abuses of overclassification, excessive secrecy
Steven Aftergood was the 2006 James Madison award winner. This article (Steven Aftergood condemns the abuses of overclassification, excessive secrecy) tells the story of how Aftergood got involved with the government and their overclassification of government information – starting with a secret plan to develop a nuclear-powered rocket engine for missile defense.
Friday, February 9, 2007
2007 Intelligence Authorization Bill Advances in Senate
2007 Intelligence Authorization Bill Advances in Senate
The 2007 intelligence authorization bill was approved without amendment on February 8 by the Senate Armed Services Committee with a recommendation that it be passed into law.
The Senate bill would notably require public disclosure of the annual intelligence budget total, an objective long sought by open government advocates and classification reformers. Although there is no credible national security rationale for withholding the amount of the intelligence budget, it remains formally classified.
The Committee issued a brief report on the pending intelligence bill.
The Senate Select Committee on Intelligence held a closed hearing February 8 on Saudi Arabia and the reputed role of some Saudis in financing terrorist activities.
The hearing was held at the request of SSCI member Senator Ron Wyden (D-OR) who described his perspective on the subject in a rather blunt statement on the Senate floor.
"It is time to bring to light the way in which Saudi oil money is fueling the fires of terrorism so people can actually see who is getting burned and what is necessary to protect the security and the well-being of Americans in a perilous world," he said.
dated 2/9/07
The 2007 intelligence authorization bill was approved without amendment on February 8 by the Senate Armed Services Committee with a recommendation that it be passed into law.
The Senate bill would notably require public disclosure of the annual intelligence budget total, an objective long sought by open government advocates and classification reformers. Although there is no credible national security rationale for withholding the amount of the intelligence budget, it remains formally classified.
The Committee issued a brief report on the pending intelligence bill.
The Senate Select Committee on Intelligence held a closed hearing February 8 on Saudi Arabia and the reputed role of some Saudis in financing terrorist activities.
The hearing was held at the request of SSCI member Senator Ron Wyden (D-OR) who described his perspective on the subject in a rather blunt statement on the Senate floor.
"It is time to bring to light the way in which Saudi oil money is fueling the fires of terrorism so people can actually see who is getting burned and what is necessary to protect the security and the well-being of Americans in a perilous world," he said.
dated 2/9/07
Meeting Notes from Feb 5, 2007
Braving the frigid February evening approximately 20 hardy advocates met on Monday, February 5, to discuss plans for Sunshine Week and the need for and viability of a Minnesota Coalition on Government Information. Journalists, librarians and reps of nonprofits exchanged ideas for Freedom of Information Day, anticipated legislative initiatives and the scope and mission of a Coalition to address access priorities. The conclusion – that a coalition of individuals and organizations is essential to raise the level of awareness of access as a political issue and to share resources to support openness in government. The group further concluded that a priority is to tend to issues of accountability and monitoring as well as strategic planning for state government resources. Participants discussed membership, funding, purpose and stakeholders and specifics of Sunshine Week including the scheduled webcast on March 12 sponsored by MnCOGI. Don Gemberling, recipient of the 2005 Freedom of Information Award, chaired the meeting.
Don also spoke at the community immediately following sponsored by the Library Science program at the College of St. Catherine. The group viewed the 2006 national dialog on access, “Are We Safer in the Dark” followed by a discussion of access and FOI issues.
Representatives of the Open Document Format Alliance and IBM have been in town meeting with state employees and concerned individuals including reps of MnCOGI. Discussion centered on a legislative proposal (SF131) authored by Senator Don Betzold (DFL-Fridley) The proposed legislation deals specifically with open document format for state government information preservation. Supporters encouraged MnCOGI to capitalize on the opportunity to address access issues in a broader context and with a circle of stakeholders including end-users.
Just such a meeting is scheduled for Monday, February 26, 5:00 p.m. at a St Paul location to be announced. Senator Don Betzold will describe the intent of his legislative proposal. (SF131) Participants will have an opportunity to address needs, priorities and the broader issues of collection, organization, preservation, monitoring and access to state government information. Updated information on this site.
Don also spoke at the community immediately following sponsored by the Library Science program at the College of St. Catherine. The group viewed the 2006 national dialog on access, “Are We Safer in the Dark” followed by a discussion of access and FOI issues.
Representatives of the Open Document Format Alliance and IBM have been in town meeting with state employees and concerned individuals including reps of MnCOGI. Discussion centered on a legislative proposal (SF131) authored by Senator Don Betzold (DFL-Fridley) The proposed legislation deals specifically with open document format for state government information preservation. Supporters encouraged MnCOGI to capitalize on the opportunity to address access issues in a broader context and with a circle of stakeholders including end-users.
Just such a meeting is scheduled for Monday, February 26, 5:00 p.m. at a St Paul location to be announced. Senator Don Betzold will describe the intent of his legislative proposal. (SF131) Participants will have an opportunity to address needs, priorities and the broader issues of collection, organization, preservation, monitoring and access to state government information. Updated information on this site.
Nominations needed for the James Madison Award and the Eileen Cooke State & Local Madison Award
Nominations needed for the James Madison Award and the Eileen Cooke State & Local Madison Award! Each year, on Freedom of Information Day, the Madison Awards are presented by ALA to recognize those individuals or groups that have championed, protected, and promoted public access to government information and the public's right to know. (Learn more)
Program Length
6 minutes, 19 seconds
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In order to listen, all you need to do is make sure you have speakers or headphones plugged in and click the "play" button you see below.
Program Length
6 minutes, 19 seconds
-----
In order to listen, all you need to do is make sure you have speakers or headphones plugged in and click the "play" button you see below.
Major First Amendment Groups Condemn Government Censorship of Science about Global Warming
FOR IMMEDIATE RELEASE
February 6, 2007
Major First Amendment Groups Condemn Government Censorship of Science about Global Warming
New York, N.Y. – Last week, the House of Representatives Committee on Oversight and Government Reform, chaired by Rep. Henry Waxman (D-CA), conducted a hearing on the censorship of government climate scientists. Among the issues the committee addressed was the suppression of federal scientists’ speech and writing, the distortion and suppression of research results, and retaliation against those who protest these acts.
In response to the hearing, nine prominent First Amendment organizations, including the American Association of University Professors, American Library Association, American Booksellers Foundation for Free Expression, American Civil Liberties Union, Association of American Publishers, National Center for Science Education, National Coalition Against Censorship, PEN American Center, and People For the American Way issued a statement commenting on the First Amendment concerns raised by this form of censorship.
The statement warns of the consequences of suppression or distortion of information that is essential to sound public policy and government accountability and applauds “the House of Representatives Committee on Oversight and Government Reform and Rep. Henry Waxman (D-CA) on their efforts to inform the public about this critical issue and look forward to their continuing oversight. The testimony provided at the hearing strongly supports the Committee’s continued vigilance to ensure that federal policy is informed by the highest quality of scientific information and that federal officials respect not just the letter but the spirit of the Constitution by encouraging free and open debate on matters of public concern.”
The statement was organized by National Coalition Against Censorship, which has examined the constitutional ramifications of censorship of science to serve political objectives.
Contact:
National Coalition Against Censorship, (212) 807-6222
Joan Bertin, ext.15
Jay Dyckman, ext.16
Rebecca Zeidel, ext.14
Joint Statement on Censorship and Science:
A Threat to Science, the Constitution, and Democracy
February 6, 2007
Introduction
A hearing held on January 30, 2007, by the House of Representatives Committee on Oversight and Government Reform revealed a widespread pattern of political interference in the operations of federal scientific activities, including censorship of federal scientists’ speech and writing, the distortion and suppression of research results, and retaliation against those who protest these acts. These charges raise profoundly important questions about the basis for public policies that rely on sound science, the government’s respect for fundamental constitutional rights and privileges, and the effective operation of our democracy.
The Integrity of Science Is At Stake
Censorship of science is deeply troubling on many levels. At the most basic, it affronts the fundamental premises of the scientific method. Science is not static. It constantly questions, borrows from, builds on, and adds to existing knowledge. Its basic tools include formulating and testing hypotheses, documentation and replication of results, peer review, and publication.* For science to advance, knowledge must be shared. Without the free exchange of ideas, science as we understand it cannot exist and progress.
The purpose of science is to produce knowledge. If science is corrupted, what flows from it is not knowledge, but something else – misinformation, propaganda, and partial-truths.
Constitutional and Historical Values Are At Stake
Censorship of science also violates two core constitutional and historical traditions: the respect for knowledge as the basis of democracy, and the commitment to the free exchange of ideas to ensure that knowledge is shared. The Founders extolled the power of education and scientific knowledge, and indeed saw the development of learning and education as a basic underpinning to democracy. Thomas Jefferson saw science as the paradigm of truth-seeking processes and described liberty as the “great parent of science.” Benjamin Franklin was well-known for his belief in scientific inquiry, rational decision making, and the need for an educated electorate. And in his 1796 farewell address, President George Washington enjoined the country to “Promote then, as an object of primary importance, institutions for the general diffusion of knowledge. In proportion as the structure of a government gives force to public opinion, it is essential that public opinion should be enlightened.”
These values have long been recognized by the Supreme Court:
The freedom of speech and of the press guaranteed by the Constitution embraces at the least the liberty to discuss publicly and truthfully all matters of public concern without previous restraint or fear of subsequent punishment. The exigencies of the colonial period and the efforts to secure freedom from oppressive administration developed a broadened conception of these liberties as adequate to supply the public need for information and education with respect to the significant issues of the times.... Freedom of discussion, if it would fulfill its historic function in this nation, must embrace all issues about which information is needed or appropriate to enable the members of society to cope with the exigencies of their period. Thornhill v. Alabama, 310 US 88, 101-2 (1940).
The rights of the general public are deeply implicated by censorship of scientific speech. Just as the Court has recognized the value of speech to the speaker, it has also recognized the concomitant rights of the listener, who has a correlative right to receive information. See, e.g., Griswold v. Connecticut,
February 6, 2007
Major First Amendment Groups Condemn Government Censorship of Science about Global Warming
New York, N.Y. – Last week, the House of Representatives Committee on Oversight and Government Reform, chaired by Rep. Henry Waxman (D-CA), conducted a hearing on the censorship of government climate scientists. Among the issues the committee addressed was the suppression of federal scientists’ speech and writing, the distortion and suppression of research results, and retaliation against those who protest these acts.
In response to the hearing, nine prominent First Amendment organizations, including the American Association of University Professors, American Library Association, American Booksellers Foundation for Free Expression, American Civil Liberties Union, Association of American Publishers, National Center for Science Education, National Coalition Against Censorship, PEN American Center, and People For the American Way issued a statement commenting on the First Amendment concerns raised by this form of censorship.
The statement warns of the consequences of suppression or distortion of information that is essential to sound public policy and government accountability and applauds “the House of Representatives Committee on Oversight and Government Reform and Rep. Henry Waxman (D-CA) on their efforts to inform the public about this critical issue and look forward to their continuing oversight. The testimony provided at the hearing strongly supports the Committee’s continued vigilance to ensure that federal policy is informed by the highest quality of scientific information and that federal officials respect not just the letter but the spirit of the Constitution by encouraging free and open debate on matters of public concern.”
The statement was organized by National Coalition Against Censorship, which has examined the constitutional ramifications of censorship of science to serve political objectives.
Contact:
National Coalition Against Censorship, (212) 807-6222
Joan Bertin, ext.15
Jay Dyckman, ext.16
Rebecca Zeidel, ext.14
Joint Statement on Censorship and Science:
A Threat to Science, the Constitution, and Democracy
February 6, 2007
Introduction
A hearing held on January 30, 2007, by the House of Representatives Committee on Oversight and Government Reform revealed a widespread pattern of political interference in the operations of federal scientific activities, including censorship of federal scientists’ speech and writing, the distortion and suppression of research results, and retaliation against those who protest these acts. These charges raise profoundly important questions about the basis for public policies that rely on sound science, the government’s respect for fundamental constitutional rights and privileges, and the effective operation of our democracy.
The Integrity of Science Is At Stake
Censorship of science is deeply troubling on many levels. At the most basic, it affronts the fundamental premises of the scientific method. Science is not static. It constantly questions, borrows from, builds on, and adds to existing knowledge. Its basic tools include formulating and testing hypotheses, documentation and replication of results, peer review, and publication.* For science to advance, knowledge must be shared. Without the free exchange of ideas, science as we understand it cannot exist and progress.
The purpose of science is to produce knowledge. If science is corrupted, what flows from it is not knowledge, but something else – misinformation, propaganda, and partial-truths.
Constitutional and Historical Values Are At Stake
Censorship of science also violates two core constitutional and historical traditions: the respect for knowledge as the basis of democracy, and the commitment to the free exchange of ideas to ensure that knowledge is shared. The Founders extolled the power of education and scientific knowledge, and indeed saw the development of learning and education as a basic underpinning to democracy. Thomas Jefferson saw science as the paradigm of truth-seeking processes and described liberty as the “great parent of science.” Benjamin Franklin was well-known for his belief in scientific inquiry, rational decision making, and the need for an educated electorate. And in his 1796 farewell address, President George Washington enjoined the country to “Promote then, as an object of primary importance, institutions for the general diffusion of knowledge. In proportion as the structure of a government gives force to public opinion, it is essential that public opinion should be enlightened.”
These values have long been recognized by the Supreme Court:
The freedom of speech and of the press guaranteed by the Constitution embraces at the least the liberty to discuss publicly and truthfully all matters of public concern without previous restraint or fear of subsequent punishment. The exigencies of the colonial period and the efforts to secure freedom from oppressive administration developed a broadened conception of these liberties as adequate to supply the public need for information and education with respect to the significant issues of the times.... Freedom of discussion, if it would fulfill its historic function in this nation, must embrace all issues about which information is needed or appropriate to enable the members of society to cope with the exigencies of their period. Thornhill v. Alabama, 310 US 88, 101-2 (1940).
The rights of the general public are deeply implicated by censorship of scientific speech. Just as the Court has recognized the value of speech to the speaker, it has also recognized the concomitant rights of the listener, who has a correlative right to receive information. See, e.g., Griswold v. Connecticut,
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