. . 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**** ** ** . .