As you may know, President Obama has issued a memorandum to the Freedom of Inoformation Act (FOIA). Below is the memorandum, found at www.gwu.edu/~nsarchiv/news/20090121/2009_FOIA_memo.pdf
I am interested in your thoughts about a truly transparent government. What is meant by it? Is this really safe?
-Flyboy 155
A democracy requires accountability, and accountability requirestransparency. As Justice Louis Brandeis wrote, "sunlight issaid to be the best of disinfectants." In our democracy, theFreedom of Information Act (FOIA), which encouragesaccountability through transparency, is the most prominentexpression of a profound national commitment to ensuring anopen Government. At the heart of that commitment is the ideathat accountability is in the interest of the Government andthe citizenry alike.The Freedom of Information Act should be administered with aclear presumption: In the face of doubt, openness prevails.The Government should not keep information confidential merelybecause public officials might be embarrassed by disclosure,because errors and failures might be revealed, or becauseof speculative or abstract fears. Nondisclosure should neverbe based on an effort to protect the personal interests ofGovernment officials at the expense of those they are supposedto serve. In responding to requests under the FOIA, executivebranch agencies (agencies) should act promptly and in a spiritof cooperation, recognizing that such agencies are servants ofthe public.All agencies should adopt a presumption in favor of disclosure,in order to renew their commitment to the principles embodiedin FOIA, and to usher in a new era of open Government. Thepresumption of disclosure should be applied to all decisionsinvolving FOIA.
The presumption of disclosure also means that agencies shouldtake affirmative steps to make information public. They shouldnot wait for specific requests from the public. All agenciesshould use modern technology to inform citizens about what isknown and done by their Government. Disclosure should betimely.I direct the Attorney General to issue new guidelinesgoverning the FOIA to the heads of executive departments andagencies, reaffirming the commitment to accountability andtransparency, and to publish such guidelines in the FederalRegister. In doing so, the Attorney General should review FOIAreports produced by the agencies under Executive Order 13392of December 14, 2005. I also direct the Director of the Officeof Management and Budget to update guidance to the agencies toincrease and improve information dissemination to the public,including through the use of new technologies, and to publishsuch guidance in the Federal Register.This memorandum does not create any right or benefit,substantive or procedural, enforceable at law or in equity byany party against the United States, its departments, agencies,or entities, its officers, employees, or agents, or any otherperson.The Director of the Office of Management and Budget is herebyauthorized and directed to publish this memorandum in theFederal Register.
BARACK OBAMA
I think what we are seeing here is a continuation of the policies that Obama promised during the campaign; a more transparent, open government. We've seen civil liberties restricted in the last eight years, which is not so much a cause of the last administration (although certainly attributable) but the natural effects of what happens to civil liberties during times of war, and in our case two wars. Google Lincoln's war time power expansion and you'll see the same things happened. However, once a new administration moves in and the war drums stop beating you see what is called "snap-back"-- a return to post war liberties and even a little extra-- much like elastic that's been stretched too far, then when it "snaps back" and is actually a little looser than before, meaning rights are actually expanded further than pre-war conditions.
"Is it safe?" That's an interesting question. I assert that regardless of safety, which I don't think transparency threatens, and if it did I would nonetheless choose transparency. The FOIA doesn't reveal state secrets of national security but it does ensure that we know the policies and directives our government follows behind closed doors and not necessarily with the vote of a legislative body. Furthermore, it ensures accountability. Finally, I recall the famouse words, "those who choose safety over freedom deserve neither." Good post Flyboy 155.
Maybe it's because of my studies of Intelligence, but there are many things that ought not to be disclosed. This is arguably exemplified through the government intelligence budgets. During the Cold War, Soviet Russia did not disclose their defense budget, leaving US intelligences analyst in the dark. We have adopted the same technique by "hiding" our intelligence budget inside the defense budget. Some things need guarding.
Conversely, the government is known to "hide" controversial subjects (Operation Mongoose). A more transparent government would greatly help in producing a creditable and accountable government.
I find it interesting your application of the memorandum to civil rights. This undoubtedly surrounds President Obama's presidency (deliberatly or not). I don't really see how this FOIA memorandum help, though. I can see it through the Equal Employment Opportunity (EEO), but "Freedom of Information Act" (FOIA): I don't see a correlation. Good post Enderjeta.
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