International internet freedom gets boost in latest regulations proposed by Obama administration

The U.S. Treasury Department announced changes in its sanctions against Cuba, Iran and the Sudan which allows internet service to these countries even when they are under U.S. sanctions. -db
Electronic Frontier Foundation
Commentary
March 10, 2010
By Danny O’Brien
The Treasury’s Office of Foreign Assets Control (OFAC) announced on Monday key amendments to the regulation of United States sanctions [...]

Federal judge rules that Department of Justice must release memos for terrorist trial

In the case of the first Guantanamo detainee to be moved from military commission system to Article III court for trial on terrorism charges, a federal judge ruled that the Department of Justice must release their memos pertaining to the transfer of the accused terrorist. -db
New York Law Journal
February 25, 2010
By Mark Hamblett

Prosecutors must produce [...]

Vague standards challenge Supreme Court in decisions on cases involving “material support” to terrorists

In deciding cases challenging the law forbidding support for terrorist organizations, the Supreme Court must consider that laws should provide clarity about which acts are illegal. -db

The New York Times
Commentary
February 23, 2010
By John Farmer Jr.
Notwithstanding the finger-pointing (and judicial head-shaking) since the Supreme Court’s decision last month on corporate speech, that ruling may not [...]

Supreme Court hears First Amendment case over right to talk with terrorist groups

The Supreme Court heard arguments over a challenge to laws fobidding “training,” “service” or “expert advice or assistance” to terrorist groups. A retired lawyer is seeking the right to provide support for the nonviolent activities of a Kurdish party and a Tamil group both classified as terrorist organizations. -db

The New York Times
February 23, 2010
By Adam Liptak [...]

Federal archivist calls for reform on declassification policy and procedure

According to Michael J. Kurtz, Assistant Archivist at the National Archives, the backlog of records awaiting declassification will continue to grow until classification policies are changed. -db
Secrecy News
American Federation of Scientists
Opinion
February 22, 2010
By Steven Aftergood

Executive branch agencies have spent more than a billion dollars on declassification of government records in recent years, but [...]

Pennsyvania court fires on local agency for withholding names of Homeland Security contractors

The Pittsburgh Tribune-Review will have access to the identities of contractors who supplied first responder equipment to local agencies. In making the records public, the commonwealth court said it found no reasonable public safety argument in favor of withholding the names. -db

The Reporters Committee for Freedom of the Press
February 11, 2010
By Cristina Abello

A Pennsylvania agency [...]

Free speech: Patriot Act prevents civil rights lawyer from helping Kurdish group abandon terrorism

A civil rights lawyer is challenging a provision in the Patriot Act over his First Amendment rights to engage a Kurdish group he wants to advise about ways to resolve issues peacefully. The provision forbids him from engaing the group including offering “expert advice or assistance.” -db

The New York Times
February 11, 2010
By Adam Liptak
WASHINGTON, [...]

Courts and Congress avoid addressing legality of warrantless eavesdropping

A Wire Magazine commentary says that even after lawsuits have been filed alleging warrantless eavesdropping, the practice is continuing abetted by Congress and a passive court system. -db

Wired
Commentary
January 29, 2010
By David Kravets

The National Security Agency allegedly siphoned Americans’ communications without warrants from behind this door at an AT&T office in San Francisco.
Heads spun four years [...]

ACLU sounds warning on role of fusion centers in domestic spying

The American Civil Liberties Union warns that the 70 fusion centers set up to collect and share information after 9/11 are operating with little oversight, even book-marking law-abiding citizens for using “threatening words” one of which is “protest.” -db

American Civil Liberties Union
Opinion
January 29, 2010
By Amanda Simon

For years now, the ACLU has been sounding the alarm [...]

Obama favors disclosing contacts between lobbyists with administration or Congress

The Electronic Frontier Foundation hails President Barack Obama’s statement in the State of the Union address about disclosing lobbyist contacts. The Obama administration has been fighting FOIA requests seeking identities of lobbyists working the Department of Justice and Director of National Intelligence. -db

Electronic Frontier Foundation
Commentary
January 28, 2010
By Kurt Opsahl

In yesterday’s State of the Union address, [...]

Senate rejects proposal for commission of inquiry on torture

Senator Patrick Leahy was unable to obtain the bipartisan consensus he said was essential to conduct a senate investigation of Bush administration conduct on terrorism including detention, rendition and interrogation. -DB

Secrecy News
Federation of American Scientists
Commentary
January 26, 2010
By Steven Aftergood

Last year the Senate Judiciary Committee considered a proposal by Senator Patrick Leahy to establish a formal [...]

Blogger charges that U.S. government enabled Chinese hackers in Google case

National security technology blogger Bruce Schneier wrote recently that as part of their domestic spying campaign, the United States required internet providers to set up avenues for government surveillance used recently by some parties in China to breach the privacy of Google customers. -DB

Citizen Media Law Project
Opinion
January 26, 2010
By Arthur Bright

If you’re a regular user [...]

Government worker fired for expressing political views loses round in court

An analyst working for the Library of Congress lost a first round in court when the judge refused to issue an order restoring the man to his job. The judge said however that his case was well-founded and that he was likely to prevail. -DB

Politico
January 20, 2010
A Congressional Research Service analyst who was fired from [...]

Obama administration begins roll back of ideological exclusion of international scholars

Secretary of State Hillary Clinton signed orders lifting the ban of two foreign scholars denied the opportunity to address audiences in the United States. The two are prominent scholars from England and South Africa and were denied visas to the U.S. by the Bush administration. -DB

American Civil Liberties Union
Press Release
January 20, 2010

WASHINGTON. D.C. – [...]

U.S. looking at issues of internet freedom after alleged Chinese cyberattack on Google accounts

After Google announced this week that hackers had tried to penetrate Gmail accounts in China including those of U.S. financial institutions and defense contractors, the Obama administration is considering their options in maintaining internet freedom. -DB
NextGov
January 13, 2010
By Aliya Sternstein
An alleged cyberattack by the Chinese government into systems operated by Google and other U.S. [...]

President earns mediocre marks on transparency

Despite his pledges to bolster open government, so far, according to Clint Hendler of the Columbia Journalism Review, President Barack Obama has only posted modest gains in transparency. -DB
Columbia Journalism Review
Opinion
January 05, 2010
By Clint Hendler
In the year since President Obama took office, he has made significant progress on transparency and access issues. Still, there have [...]

Federal court upholds secrecy on surveillance records

A federal appeals court ruled that the government could refuse to confirm or deny the existence of electronic surveillance records as an exception under the Freedom of Information Act. Former Guantanamo Bay detainees had requested records of the warrantless surveillance. -DB

JURIST
January 01, 2010
By Christian Ehret
The US Court of Appeals for the Second Circuit [official [...]

President issues declassification order curbing secrecy

President Barack Obama issued a long anticipated order on declassification with the statement that no information should remain classified indefinitely. He eliminated a Bush order that allowed the intelligence community a veto over declassification decisions. -DB
Reporters Committee for Freedom of the Press
December 30, 2009
By Amanda Becker
President Obama on Monday issued an anticipated declassification order and [...]

TSA puts heat on blogger posting new screening procedures

Armed agents from the Transportation Security Administration visited two bloggers in their homes with subpoenas, seeking the identity of the source who provided a document revising screening procedures for airports after the recent aborted bombing attempt by a Nigerian man. -DB

Wired
Threat Level
December 30, 2009
By Kim Zetter

Two bloggers received home visits from Transportation Security Administration agents [...]

Justice Department wants to close trial of Blackwater guards

Citing national security issues, the Justice Department has asked a judge to close the Jan. 7 trial of five security guards who allegedly killed more than a dozen Iraqi civilians. -DB
Reporters Committee for Freedom of the Press
December 21, 2009
By Rory Eastburg

The Justice Department has asked a judge to close a Jan. 7 hearing in the prosecution [...]

Federal judge orders release of government evidence pertaining to ‘no-fly list’

A federal judge in San Francisco ordered the Transportation Security Administration to disclose evidence showing that a Malaysian Muslim studying at Stanford University belonged on the federal government’s no-fly list. She was denied entry to the U.S. and lost her student visa. -DB

Courthouse News Service
December 21, 2009
By Annie Youderian

A federal judge in San Francisco ordered [...]

Freedom of Information Act request garners oversight report of alleged illegal intelligence activities

In response to its FOIA lawsuit in July, the Electronic Frontier Foundation saw the government release an intelligence oversight report that reveals intelligence activities some believe are illegal. -DB

Electronic Frontier Foundation
December 16, 2009
By Nate Cardozo
Today the Department of Homeland Security, the Department of State, the Office of the Director of National Intelligence and the National [...]

Government lawyer argues torture suit too sensitive for public court

Citing national security and state secrets, a Justice Department lawyer argued that the suit involving the CIA and a San Jose company over extraordinary rendition and torture of suspected terrorists cannot proceed in open court. -DB
San Francisco Chronicle
December 16, 2009
By Bob Egelko
SAN FRANCISCO — A lawsuit accusing a Bay Area flight-planning company of aiding [...]

CIA fears new open government initiative could allow anyone to glean classified information from unclassified documents

Faced with the new open government directive, the Central Intelligence Agency is trying to decide to release online declassified documents and noncopyrighted analyses of foreign news. They fear that information online could be extracted more easily and combined to reveal classified information. -DB
NextGov

December 11, 2009
By Alicia Sternstein
The release of the open government directive could change intelligence [...]

Federal shield bill for reporters passes major hurdle

The Senate Judiciary Committee voted to send the federal media shield bill to the full Senate after months of debate and amendments. The contentious issue of whether bloggers and other citizen journalists will be covered by the bill has yet to be determined. -DB
Reporters Committee for Freedom of the Press
December 10, 2009
By Cristina Abello

The Senate [...]

Law professor argues public interest not served by Defense Secretary discretion on FOIA requests

Cornell Law School’s Michael Dorf says public interest may be not receive its just due now that Congress has removed judicial review for classifying material on national security grounds especially when that material may concern illegal activity. -DB

FindLaw
Analysis
December 2, 2009
By Michael C. Dorf

On Monday, the U.S. Supreme Court vacated the ruling of the U.S. [...]

EFF sues to force government to provide records of spying on social networks

The Electronic Frontier Foundation, working with the UC Berkeley law school, has filed suit against a number of federal agencies who have not responded to Freedom of Information Act requests for information about their surveillance of social networking sites. -DB

Electronic Frontier Foundation
Press Release
December 1, 2009
SAN FRANCISCO – The Electronic Frontier Foundation (EFF), working with the [...]

ACLU argues hiding torture photos weakens democracy

ACLU Blog Manager Suzanne Ito says that in keeping the torture photos secret, the Obama administration is setting a dangerous precedent by preventing public scrutiny of government misconduct and stifling ideas that could make government operations more just and effective. -DB

American Civil Liberties Union
Opinion
December 1, 2009
By Suzanne Ito

Yesterday, the Supreme Court sent back to an [...]

Secretary of Defense blocks release of torture photos

Secretary of Defense Robert Gates used powers granted to him under new legislation passed last month to exempt the photos of abuse of detainees from the Freedom of Information Act. The new law provides exemptions for records deemed harmful to national security. -DB

American Civil Liberties Union
Press Release
November 14, 2009

WASHINGTON, D.C. – In a brief filed late [...]

Federal Court rejects Plame’s argument to allow her to publicize details of CIA service

Former CIA operative Valerie Plame claimed that after the government outed her as an agent and her employment record became part of the congressional record that the First Amendment allowed her to void her confidentiality agreement with the CIA and reveal details of her CIA service. A federal appeals court rejected her arguments citing national [...]

Foundation provides records of secret negotiations for telecom immunity in illegal government surveillance

Using the Freedom of Information Act, the Electronic Frontier Foundation obtained the records of secret negotiations between government agencies and Congress that provided immunity for telecoms cooperating with the government in warrantless surveillance of American citizens. -DB

Electronic Frontier Foundation
Press Release
November 12, 2009
SAN FRANCISCO – Today the Electronic Frontier Foundation (EFF) posted thousands of pages of [...]

ACLU gets more records about Bush administration’s interrogation of detainees

The federal government handed over to the American Civil Liberties Union more documents requested through the Freedom of Information Act lawsuits. The documents pertained to the treatment of detainees in U.S. custody overseas. -DB

American Civil Liberties Union

Press Release
October 30, 2009
NEW YORK – The government today handed over to the American Civil Liberties Union numerous documents [...]

Federal shield law moving forward in Senate after compromise forged with White House

The federal journalist shield law cleared a major hurdle when the Obama administration cut a deal with the Senate to include freelancers and online journalists. The bill also includes a public-interest balance test so that a judge could weigh the public interest in secrecy against the public interest in disclosure. -DB

Reporters Committee for Freedom of [...]

Air Force opts out of Obama’s open government directive

The Air Force has decided to restrict information posted on Air Force web sites to content “intended for a wide public audience”.  All content is subject to a clumsy process of prior review intended to shut the public out, says Steven Aftergood of Secrecy News. -DB

Secrecy News
Federation of American Scientists
Commentary
October 28, 2009
By Steven Aftergood
Some of the [...]

Secret Service denies access to 2009 White House visitor records

After the Obama administration agreed to start releasing visitor logs starting December 31,  the watchdog group Judicial Watch was denied access to White House visitor logs from January 20 through September 15 of this year and does not understand why only these records merit protection. The Secret Service just says the records do not come [...]

Federal judge rules some records of Guantanamo interrogations may be kept secret

A federal judge agreed with the government that the C.I.A. was within the law in classifying parts of Guantanamo detainee statements. The government had maintained that no violations of laws were being concealed and that the exemption to the Freedom of Information Act was necessary to protect intelligence sources and methods. -DB
Breaking News 24/7
October [...]

C.I.A. secrecy on Osward files fuels speculation

The C.I.A. released some documents about the connections between assassin Lee Harvey Oswald, a C.I.A. operative and anti- Castro Cubans under a Freedom of Information Act request but has refused to release other documents from the 1960s and 1970s  citing national security issues. -DB

The New York Times

October 16, 2009
By Scott Shane
WASHINGTON. D.C. — Is the [...]

Chances fading of reining in government secrecy granted under Patriot Act

Civil libertarians may be losing the battle to curb  government excess as the Obama administration is loathe to relinquish the power to operate in secrecy without the checks provided by judicial oversight. -DB
Center for Internet and Society
Stanford Law School
Commentary
October 7, 2009
By Larry Downes
“Patriotism,” as Samuel Johnson famously said, “is the last refuge of a [...]

Pentagon buried critique of military research

Secrecy News reports that the Defense Department failed to release an assessment by a science advisory panel earlier this year that lack of funding for basic research and failure to develop and retain top scientists was hurting U.S. efforts in military research. The report was finally made public last week by Congress in a report [...]

Obama administration asks Supreme Court to delay decision on appeal of release of detainee torture photos

The United States Solicitor General asked the Supreme Court to postpone deciding whether to hear the case over whether abuse photos of detainees should be released to the public. If the Homeland Security Appropriations Bill is signed into law, provisions in the bill would allow the administration to withhold the photos from public scrutiny, making [...]

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