[net-gold] Secrecy News -- 03/02/11
- From: "David P. Dillard" <jwne@xxxxxxxxxx>
- To: Net-Gold -- Educator Gold <Educator-Gold@xxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxxx>, net-gold@xxxxxxxxxxxxx, Net-Gold <Net-Gold@xxxxxxxxxxxxxxx>, NetGold <netgold@xxxxxxxxxxxxxxx>, Net-Gold <net-gold@xxxxxxxxxxxxxxxx>, K-12ADMINLIFE <K12ADMIN@xxxxxxxxxxxxxxxxxxx>, K12AdminLIFE <K12AdminLIFE@xxxxxxxxxxxxxxx>, MediaMentor <mediamentor@xxxxxxxxxxxxxxx>, Digital Divide Diversity MLS <mls-digitaldivide@xxxxxxxxxxxxxxx>, NetGold <netgold@xxxxxxxxxxxxxxxx>, Net-Platinum <net-platinum@xxxxxxxxxxxxxxx>, Sean Grigsby <myarchives1@xxxxxxxxxxxxxxx>, Net-Gold <NetGold_general@xxxxxxxxxxxxxxxxx>, Temple Gold Discussion Group <TEMPLE-GOLD@xxxxxxxxxxxxxxxxxxx>, Temple University Net-Gold Archive <net-gold@xxxxxxxxxxxxxxxxxxx>
- Date: Wed, 2 Mar 2011 17:55:21 -0500 (EST)
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Date: Wed, 2 Mar 2011 11:22:47 -0500
From: Steven Aftergood <saftergood@xxxxxxx>
To: Steven Aftergood <saftergood@xxxxxxx>
Subject: Secrecy News -- 03/02/11
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SECRECY NEWS
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from the FAS Project on Government Secrecy
Volume 2011, Issue No. 21
March 2, 2011
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Secrecy News Blog:
http://www.fas.org/blog/secrecy/
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** BUSH OLC OPINIONS ON WIRETAPPING STILL UNDER "REVIEW"
** ISOO DIRECTOR BOSANKO PROMOTED TO NEW ROLE
** PUBLIC ACCESS TO CRS REPORTS URGED
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BUSH OLC OPINIONS ON WIRETAPPING STILL UNDER "REVIEW"
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In June 2009, Senator Russ Feingold (D-WI) asked the Obama Administration to
rescind certain classified legal opinions issued by the Justice Department
Office of Legal Counsel (OLC) that asserted legal justifications for the
Bush Administration's warrantless wiretapping program.
But more than a year and a half later, those OLC opinions remain under
review and no action has been taken to invalidate them, the Justice
Department indicated in a newly published hearing volume.
"I just want to reiterate how important it is for the legal justifications
for this program to be withdrawn," said Sen. Feingold at a June 17, 2009
hearing of the Senate Judiciary Committee, referring to the warrantless
wiretapping program. "I am concerned these memos that make unsupportable
claims of executive power will come back to haunt us if they remain in
effect. And if you believe, as I think the President [Obama] has indicated
in the past, that the program was illegal, they cannot stand."
http://www.fas.org/irp/congress/2009_hr/justice.html
Attorney General Eric Holder told Sen. Feingold at that June 2009 hearing
that he had asked the Office of Legal Counsel to review the opinions, and to
release them publicly to the extent possible. "It is my hope that that
process, which is ongoing, will lead to the release of several opinions in a
relatively short period of time."
In an October 2009 response to a follow-up question for the record, the
Department of Justice told Sen. Feingold that "the review processes
described in your question are still ongoing." (at page 11)
http://www.fas.org/irp/congress/2009_hr/doj-qfr.pdf
In a March 2010 response to the same question, DOJ said "The Department is
still conducting its review.... No one in the Department has made any
affirmative decision about the treatment of the OLC opinions." (at page 23)
http://www.fas.org/irp/congress/2009_hr/doj-qfr2.pdf
Well, "What is the status of that review? When will it be complete?" asked
Sen. Feingold yet again, following an April 2010 hearing.
In a December 2010 response that has just been published, DOJ repeated that
"The Department is still conducting its review, and will work with you and
your staff to provide a better sense regarding the timing of the completion
of the review." (at pp. 29-30)
http://www.fas.org/irp/congress/2010_hr/doj-qfr.pdf
But a review that continues indefinitely is practically indistinguishable
from no review at all. And since Senator Feingold has now left the Senate,
the Department will not be working with him and his staff to resolve this
issue. All that remains is the Senator's warning about the hazards of
embracing "unsupportable claims of executive power."
ISOO DIRECTOR BOSANKO PROMOTED TO NEW ROLE
William J. Bosanko, the director of the Information Security Oversight
Office (ISOO), has been appointed to lead a new organization at the National
Archives called Agency Services. In that capacity, he will "lead the
National Archives efforts to service the records management needs of Federal
agencies, and represent the public's interest in the accountability and
transparency of these records," said Archivist of the United States David S.
Ferriero in a news release yesterday.
http://www.archives.gov/press/press-releases/2011/nr11-87.html
As the new Executive for Agency Services, Mr. Bosanko will be responsible
for several existing Archives components, including Records Management
Policy & Oversight, the Federal Records Center Program, the Office of
Government Information Services, the National Declassification Center, and
ISOO. It is a large and important portfolio, and the appointment reflects
the high regard in which Mr. Bosanko is held inside and outside of
government.
But it also means that he will no longer be the Director of ISOO. Although
he will now be the ISOO Director's superior, he will no longer possess the
Director's classification oversight authorities and responsibilities, which
derive from an executive order.
A new ISOO Director will have to be chosen and put in place. At a time of
profound transformation of the classification system (one may still hope),
the transfer of leadership at ISOO could create some worrisome instability.
"I have committed 12 years to ISOO and believe deeply in its mission," Mr.
Bosanko said. "Please know that I will do my best to look out for it in my
new role."
PUBLIC ACCESS TO CRS REPORTS URGED
Dozens of public interest groups wrote to the Librarian of Congress last
week to urge him to appoint a new Director of the Congressional Research
Service who would work with Congress to promote public access to CRS
reports.
"The public needs access to these non-confidential CRS reports in order to
discharge their civic duties," the letter stated. "American taxpayers spend
over $100 million a year to fund the CRS, which generates detailed reports
relevant to current political events for lawmakers. But while the reports
are non-classified, and play a critical role in our legislative process,
they have never been made available in a consistent and official way to
members of the public."
http://www.openthegovernment.org/otg/LOC-CRS%20Letter.pdf
There are several large collections of CRS reports that have been placed
online by public interest groups, including the Federation of American
Scientists. But Congress has prohibited CRS from providing its products
directly to the public. And the current CRS director, Daniel Mulhollan, who
is retiring in the next few weeks, has actively supported that
non-disclosure policy.
What has happened under Mr. Mulhollan's tenure is that CRS reports have been
commodified. Instead of being made freely available to the public, they are
marketed by vendors. A typical ten-page report may be sold for as much as
$29.95 ($19.95 for students!). Mr. Mulhollan has produced a litany of
arguments against public distribution of CRS reports, but all of them are
mooted by the simple fact that the reports are distributed anyway-- for a
fee.
http://www.fas.org/sgp/crs/crs041807.pdf
The appointment of a new CRS Director will be an opportunity to chart a new,
more sensible course for the congressional support agency, to include free
public distribution of non-confidential reports.
Some noteworthy new CRS reports include the following.
"U.S. Response to the Global Threat of Tuberculosis: Basic Facts," February
22, 2011:
http://www.fas.org/sgp/crs/misc/R41643.pdf
"U.S. Response to the Global Threat of Malaria: Basic Facts," February 22,
2011:
http://www.fas.org/sgp/crs/misc/R41644.pdf
"U.S. Response to the Global Threat of HIV/AIDS: Basic Facts," February 22,
2011:
http://www.fas.org/sgp/crs/misc/R41645.pdf
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_______________________________________________
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Secrecy News is written by Steven Aftergood and published by the Federation
of American Scientists.
The Secrecy News Blog is at:
http://www.fas.org/blog/secrecy/
To SUBSCRIBE to Secrecy News, go to:
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To UNSUBSCRIBE, go to
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OR email your request to saftergood@xxxxxxx
Secrecy News is archived at:
http://www.fas.org/sgp/news/secrecy/index.html
Support the FAS Project on Government Secrecy with a donation:
http://www.fas.org/member/donate_today.html
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_______________________
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Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web: www.fas.org/sgp/index.html
email: saftergood@xxxxxxx
voice: (202) 454-4691
twitter: @saftergood
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