[net-gold] Sign On to Oppose New FOIA Exemption That Denies ALL Public Access to Information in Cybersecurity Centers

  • From: "David P. Dillard" <jwne@xxxxxxxxxx>
  • To: Other Net-Gold Lists -- Educator Gold <Educator-Gold@xxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxxx>, net-gold@xxxxxxxxxxxxx, NetGold <netgold@xxxxxxxxxxxxxxx>, Net-Gold <net-gold@xxxxxxxxxxxxxxxx>, K-12ADMINLIFE <K12ADMIN@xxxxxxxxxxxxxxxxxxx>, K12AdminLIFE <K12AdminLIFE@xxxxxxxxxxxxxxx>, NetGold <netgold@xxxxxxxxxxxxxxxx>, Net-Platinum <net-platinum@xxxxxxxxxxxxxxx>, Net-Gold <NetGold_general@xxxxxxxxxxxxxxxxx>, Temple Gold Discussion Group <TEMPLE-GOLD@xxxxxxxxxxxxxxxxxxx>, Temple University Net-Gold Archive <net-gold@xxxxxxxxxxxxxxxxxxx>, Health Lists -- Health Diet Fitness Recreation Sports Tourism <healthrecsport@xxxxxxxxxxxxxxxx>, Health Diet Fitness Recreation Sports <healthrecsport@xxxxxxxxxxxxxxx>, HEALTH-RECREATION-SPORTS-TOURISM@xxxxxxxxxxxxxxxxxxx
  • Date: Sat, 10 Mar 2012 13:42:43 -0500 (EST)



.

.


Date: Sat, 10 Mar 2012 12:12:53 -0500
From: Dwight Hines <dwight.hines@xxxxxxxxx>
Reply-To: Net-Gold@xxxxxxxxxxxxxxx
To: Net-Gold@xxxxxxxxxxxxxxx
Subject: [Net-Gold] Sign On to Oppose New FOIA Exemption That Denies ALL Public
    Access to Information in cybersecurity centers



.

.


Sign On to Oppose New FOIA Exemption
That Denies ALL Public Access to Information

.

.


The problem with denying all access
to the public is that is the same model
that did not foresee the fall of the
Berlin Wall, or of the Soviet Block,
or the changes in China.   The more
voices that are based on good
information participating at the
beginning, the stronger the final system
will be.

.


Dwight Hines

.

.


Forwarded message

From: Amy Bennett

<abennett@xxxxxxxxxxxxxxxxxxxxx>

.

.


Dear Everyone (apologies for cross-posting),****

** **

Please email me

(abennett@xxxxxxxxxxxxxxxxxxxxx)


by COB Monday (3/12) to add your organization
to the below letter expressing concern about
provisions in the cybersecurity bill recently
introduced by Sen. McCain that cut off *all*
public access to information in cybersecurity
centers before the public has the chance to
understand the types of information that are
covered by the bill. Troublingly, one of the
provisions, titled ?Technical Amendments,?
significantly modifies the FOIA by creating
a new exemption that gives the government the
authority to withhold information shared with
or to a cybersecurity center.  ****

** **

Thanks,****

** **

Amy Bennett****

OpenTheGovernment.org****

** **

********

Dear Senator McCain:****

** **

The undersigned organizations
dedicated to government openness and
accountability are writing to let
you know of our serious concerns with a
provision of S. 2151, Strengthening
and Enhancing Cybersecurity by Using
Research, Education, Information, and
Technology Act (SECURE IT), that
creates unnecessary, overbroad and
unwise exemptions to the Freedom of
Information Act (FOIA). ****

.

** **

.

Section 105 of the bill, titled
?Technical Amendments,? significantly
modifies the FOIA by creating a new
exemption that gives the government the
authority to withhold information shared
with or to a cybersecurity center.

.

This ?technical amendment? would be one
of the most wide-ranging substantive
changes to the structure of FOIA since
the law was enacted more than 45 years
ago.  Any amendment to the Freedom of
Information Act, especially an amendment
of this scope, should be referred to the
Senate Judiciary Committee, which has
jurisdiction over FOIA.   Careful
consideration by that Committee of
FOIA-related legislation, including
public hearings, is necessary to ensure
that the bill promotes transparency
and public accountability while allowing
the government to withhold only
that information which truly requires
protection. ****

.

** **

.

Moreover, Section 105 of the bill
refers back to equally troubling
provisions in Section 102 of the
bill that expand the authority of the
federal government to withhold under
FOIA any and all ?voluntarily shared
information? given to the cybersecurity
centers, create a non-discretionary
(b)(3) for all such information,
preempts state and local laws, and makes
all procedures and implementations
under Title 1 non-regulatory and, thus,
outside any opportunity for review
and comment by the public.


****

** **

As drafted, S. 2151 cuts off *all*
public access to information in
cybersecurity centers before the
public has the chance to understand the
types of information that are covered
by the bill.   Much of the sensitive
information likely to be shared in the
cybersecurity centers is already
protected from disclosure under FOIA;
other information that may be shared
could be critical for the public to
ensure its safety. Unnecessarily
wide-ranging exemptions of this type
have the potential to harm public
safety and the national defense more
than they enhance those interests; the
public is unable to assess whether the
government is adequately combating
cybersecurity threats and, therefore,
unable to assess whether or how to
participate in that process. We look
forward to working with you and the
bill?s cosponsors to ensure the
legislation both protects our nation?s
computer networks and promotes
transparency and accountability to the
public.


****

** **

Sincerely,****

** **

American Society on News Editors****

Citizens for Responsibility
and Ethics in Washington - CREW****

Electronic Frontier Foundation****

Freedom of Information Center at the
Missouri School of Journalism****

National Freedom of Information Coalition****

OpenTheGovernment.org****

Project On Government Oversight - POGO****

** **


.

.



Other related posts:

  • » [net-gold] Sign On to Oppose New FOIA Exemption That Denies ALL Public Access to Information in Cybersecurity Centers - David P. Dillard