[UPDATE: Scroll down for list of library happenings for Sunshine Week]

Spring has sprung with a vengeance here in SF. And that could only mean one thing: Sunshine Week!! Yes it's time once again to feel the warm FOIA on your cheek, to discuss and raise awareness of the importance of free and open government information, transparency and the Freedom of Information Act. Be on the lookout for editorials in your local newspaper (like this one in the Cleveland Plain Dealer), discuss FOIA with your friends and family (you'll be glad you did :-)) and highlight it in your libraries -- perhaps by having a public showing of the OpenTheGovernment Webcast!

OpenTheGovernment.org is having a Sunshine Week Webcast 12-2PM EST on Friday March 19 entitled "Building Transparency." The Webcast will include a host of great speakers including Norm Eisen, Special Counsel to the President for Ethics and Government Reform, Jim Harper, Director of Information Policy Studies at the Cato Institute, John Wonderlich, Policy Director at the Sunlight Foundation, Kevin Goldberg, American Society of News Editors (ASNE) counsel, Miriam Nisbet, Director of the new Office of Government Information Services (OGIS), Melanie Sloan, Executive Director, Citizens for Responsibility and Ethics in Washington (CREW), Melanie Pustay, Director of the Department of Justice (DOJ) Office of Information Policy (OIP), Eric Gundersen, President and co-founder of Development Seed and Sean Moulton, Director of Federal Information Policy at OMB Watch. It should be a great discussion so hope you can tune in.

What libraries and others are doing for Sunshine Week:

• Northern CA Association of Law Libraries (NOCALL), in association with the Special Library Association Sierra Nevada Chapter, is sponsoring 2 Sunshine Week events; one in Sacramento and one in San Francisco. Both have interesting lists of speakers and require registration for a small fee ($20 for Sacramento event and $15 for SF event). In addition, the SF event immediately precedes the NOCALL Spring Institute on information piracy, "Piracy on the Barbary Coast" which NOCALL and SLA members can attend at the NOCALL member rate, and later in the evening, a celebration of NOCALL's 30th anniversary.
• Freedom of Information Day at the New York Public Library. Tuesday, March 16, 2010, 10:30 - noon. Conference Room 18 on the lower level of New York Public Library (188 Madison Ave. @ 34th St.).

  This year's guest speaker is Heather Joseph, Executive Director, the Scholarly Publishing and Academic Resources Coalition, (SPARC), an international alliance of academic and research libraries working to create a more open system of scholarly communications. FOIA day has been held at NYPL annually since 1993.

• California State University San Bernardino Pfau Library has partnered with the San Bernardino League of Women Voters to be a site for the OpenTheGovernment.org webinar on government transparency. This is the second year that Pfau Library has participated. You can see video of last year.
• The web site www.TalkStandards.com will focus on open government during its monthly online forum. The forum will take place on Thursday March 18th from 8-12 Pacific / 11-3 EST / 4-8pm GMT.

  TalkStandards is an active online community where ICT developers, researchers, policymakers and other interested parties can share ideas and collaborate on the global standards system. Each month, a timely topic is chosen (last month, it was eHealth, for example).

This is great news, especially given it's coming during Sunshine Week! This looks like a repudiation of the Ashcroft memo which had reversed FOIA regulations that had been based on guidelines which had established a “presumption” in favor disclosure. The Ashcroft memo reversed those regulations and told agencies to "carefully consider the fundamental values behind the exemptions – national security, privacy, government’s interests, etc – and to lean in their favor whenever possible." (quoted from Coalition of Journalists for Open Government).

Official: US to Release Data Unless Harm Foreseen. NY Times, March 19, 2009

The guidelines were expected to be released later Thursday, amid Sunshine Week, an annual national observation by journalism groups and other organizations to promote open government and freedom of information.

The new standard essentially returns to one issued by Attorney General Janet Reno during the Clinton administration. It would replace a more restrictive policy imposed by the Bush administration under which the Justice Department would defend any sound legal argument for withholding records.

Justice is responsible for government-wide guidance on how to implement the records law because it defends agencies in court if they are sued by people who disagree with a decision to withhold records. Under the Holder standard, Justice lawyers would not defend a decision to withhold records unless their release could be shown to produce foreseeable harm.

The new standards were also expected to encourage agencies to release more documents where the law leaves the decision to their discretion -- an amplification of Obama's order that they adopt a ''presumption for disclosure.''

The standards could also affect the outcome of a dozen or more pending lawsuits, including ones to obtain the legal rationales behind Bush administration anti-terrorism tactics like wiretapping Americans without a warrant and harsh interrogation of terrorism detainees.

On Friday, March 20, 2009, 1 - 2:30 PM (EDT), OpenTheGovernment.org will present a free webcast of a panel discussion at The Center for American Progress.

The event will feature a discussion between speakers and the audience on what the Obama administration hopes to achieve, the policy issues facing this administration, the Obama administration's vision for e-government, and financial and economic transparency. Also during the event, Patrice McDermott, Director of OpenTheGovernment.org and Ari Schwartz, Vice President of the Center for Democracy and Technology (CDT) will release a report based on the results of Show Us the Data, a web-based survey used to discover what information the public wants to get access to and use, but cannot.

Confirmed Speakers: Dan Chenok, a member of President Obama's "Technology, Innovation and Government Reform" transition team, former branch chief for information policy and technology in the Office of Management and Budget (OMB) and currently senior vice president and general manager of Pragmatics, Katherine McFate, a Program Officer for Government Performance and Accountability in the Ford Foundation's Governance Unit, and Beth Noveck, a professor of law and director of the Institute for Information Law and Policy at New York Law School and author of Wiki Government (Brookings 2009).

Invited: Vivek Kundra, newly-appointed federal Chief Information Officer (CIO).

To view the webcast live on your personal computer, no pre-registration is required. Simply go to this page: Opening Doors: Finding the Keys to Open Government, where a URL will be available about 24 hours prior to the event.

Sunshine Week 2009 Survey Of State Government Information Online

The Sunshine Week 2009 Survey of State Government Information online found that while more and more government records are being posted online, some of the most important information is being left offline. And in some cases governments are charging taxpayers to access records that they already paid for, such as death certificates.

Teams of surveyors scanned government Web sites in every U.S. state to look for 20 different kinds of public records. The results were released today at the start of Sunshine Week 2009, which runs March 15-21. The study was developed by Sunshine Week, the American Society of Newspaper Editors' Freedom of Information Committee, the National Freedom of Information Coalition, and the Society of Professional Journalists' FOI Committee.

Nationwide Snapshot of Government Records Online Is Focus for Sunshine Week Transparency Project, January 27, 2009, Debra Gersh Hernandez, Coordinator, Sunshine Week.

Sunshine Week's government transparency project for 2009 is enlisting journalists, educators and students, openness advocates and others to develop a snapshot of public records that states make available on their Web sites. The information collected will be distilled into a nationwide report released for Sunshine Week, which runs March 15-21.

..."This year's Sunshine Week project is among our most ambitious and most interesting, as we are highlighting what is becoming an essential part of an informed democracy: easy access to information," commented Charles Davis, NFOIC executive director. "The Internet can be a great force for democratic participation, but only if governments embrace transparency and move to put more information online."

Categories for the survey include death certificates, nursing home and child care inspection reports, financial audits, bridge inspection and safety reports, school test data and inspection records, consumer complaints against businesses, and environmental citations. The worksheet is on the Sunshine Week Web site, and anyone is welcome to utilize it for their localized reports.

Senator Mary Landrieu wrote an article at poynter.org, "letting the sunshine in" to illuminate delayed FEMA response to FOIA requests in regards to Hurricanes Katrina and Rita. For example, Mark Schleifstein of the New Orleans Times-Picayune filed a FOIA request with FEMA regarding its disaster response operations and planning. After two years (and asking him twice if he was "still interested"), FEMA has yet to act.

But it's this part of the article that really hits a nerve:

"Baton Rouge Advocate reported this week that it had filed a FOIA request in 2006 seeking documentation on FEMA’s contracting procedures and the decisions behind deploying travel trailers across the Gulf Coast. FEMA says they will release the information -- for a fee. The going price for the truth is apparently $209,990, principally to defray copying costs. The agency said the documents are not available electronically and that the only hard copies are stored in its New Orleans field office. Meanwhile, on its Website, FEMA itself advises that, 'If you plan ahead and copy what you have onto compact disks, you can be secure in knowing that they will not be lost in the future.' "

I just don't know what to say after reading that...

In the spirit of Sunshine Week, the National Archives announced the opening of 1.3 million pages of Cold War era Central Intelligence Agency records, dating from 1947 to 1977. The documents are being released as “a part of the National Declassification Initiative program announced by the Archivist of the United States Allen Weinstein in April 2006.”

I'm not sure how many of these are available as digital copies, but nevertheless, these records may help some of my student patrons with their papers on the "Red Scare" and the Cold War (every semester I have at least five students working on some aspect of this topic!).

Lawrence Lessig gave a lecture at the National Press Club on Thursday and introduced a plan designed to increase congressional transparency via the launch of Change-Congress.org.

The website provides a venue for data on earmarks, campaign financing, etc. and advocates an end to corporate and private interests. It organizes citizens to push candidates to make four commitments: No money from lobbyists or PACs, vote to end earmarks, support publicly-financed campaigns, and support reform to increase Congressional transparency.

Change-Congress.org has ambitious goals, that's for sure. Will it work? Greater transparency is needed, and this initiative will certainly help in that effort. But can "big money" every truly go away? Nevertheless, it is a noble effort, and I urge you to join their cause, take the pledge, and volunteer your efforts in contacting candidates to take the pledge!

Monday, March 17: American University's Washington College of Law's Collaboration on Government Secrecy hosted its first Freedom of Information Day, featuring panels and speakers addressing new FOIA legislation, the state secrets privilege, and transparency. They also presented the first "Robert Vaughn FOIA Legend Award" to Thomas M. Susman, a government openness advocate and initial drafter of the 1974 FOIA Amendments.

Tuesday, March 18: Associated Press President and CEO Tom Curley discussed Freedom of Information and other open government issues during a Sunshine Week dinner event at The National Press Club. The speech looked ahead to priorities in the new administration, an update to Curley's 2004 Hays-Enterprise Lecture, which many view as a defining moment in moving forward efforts to preserve and protect access to information. The full text of Curley's speech can be found at the Sunshine Week website.

Wednesday, March 19: OpenTheGovernment.org, among others, sponsored the 3rd annual Sunshine Week National Dialogue on Open Government and Secrecy. This year's panel discussions focused on "Government Secrecy: Censoring Your Right to Know". The webcast is archived and will also be available soon at OpenTheGovernment.org and the event will be on a DVD available for purchase. They also compiled a list of legislation and resources about government secrecy and related issues.

Just a reminder that Lawrence Lessig will lecture at the National Press Club on Thursday, March 20th at 1:30 pm. The lecture will also be available via webcast. Lessig will introduce a plan designed to increase congressional transparency, called "Change Congress". More information about Lessig and this event can be found at the Sunlight Foundation website.

The First Amendment Center posted the full-text of the 2008 National FOI Day Conference's keynote speech, "A New Balancing Test: How Excessive Classification Undermines National Security" by J. William Leonard, former chief of the Information Security Oversight Office.

Leonard quipped that his remarks on government secrecy would be his most candid, "a sort of ‘Leonard Unplugged’ if you will for those of you into the MTV scene". He discussed instances of excessive secrecy that produced serious consequences, including the decision to go to war in Iraq, stating, "Secrecy comes at a price - sometimes a deadly price - often through its impact upon the decision-making process".

He also proposed a new way for government officials to determine whether information needs to be classified in the interest of national security; what he calls the "New Balancing Test":

"We are long familiar with what many regard as the “traditional” balancing test of national security versus openness – of secrecy versus transparency. Instead, the balancing test of which I talk is more along the lines of national security versus national security; i.e. what will cause greater damage to national security, the disclosing or withholding of specific information".

Kicking off Sunshine Week, Senator Clinton answered the Sunshine Campaign Survey on open government.

And according to the 2008 Sunshine Week survey, 3/4 of American Adults view the federal government as secretive.

Did anyone happen to attend National FOI Day on Friday? I'll have to check back on their website for a summary of what occurred. Speakers included J. William Leonard and Tom Blanton.

If you are in the D.C. area on Monday, March 17th, NARA is hosting a public meeting held by the Public Interest Declassification Board (PIDB) to solicit public reaction to its recent Report, "Improving Declassification".

The Sunshine Week blog announced that Senator Patrick Leahy and Senator John Cornyn introduced the OPEN FOIA Act, which would add new transparency and accountability standards when Congress considers adding new FOIA exemptions to the law.

According to Leahy's press release, "The exemptions to FOIA addressed in the OPEN FOIA Act, known as (b)(3) statutory exemptions, are typically buried in complex and lengthy legislative proposals, making it difficult for requestors to determine whether access to information is subject to FOIA. The OPEN FOIA Act would provide more transparency when Congress includes such exemptions in legislation".

This new act follows the passage of the Leahy-Cornyn OPEN Government Act, which the President signed into law in December 2007.

As noted here previously, Sunshine Week is coming up March 16-22. More events around it:

Gabriela notified us of a a press briefing featuring Lawrence Lessig that will be webcast.

Secrecy News lists several events, including:

National Freedom of Information Act day will be observed on March 14 with a day-long conference sponsored by the First Amendment Center. http://www.firstamendmentcenter.org/press/information/topic.aspx?topic=F...

Collaboration on Government Secrecy at the American University’s Washington College of Law will hold a conference on Monday March 17. http://www.wcl.american.edu/secle/founders/2008/031708.cfm

OpenTheGovernment.org will hold a webcast conference on Government Secrecy at the National Press Club on March 19 and lists a Calendar of Sunshine Week Events http://www.openthegovernment.org/article/subarchive/109

Sunshine Week has been mentioned in previous posts but it certainly deserves its own blog post too. This national initiative is set to take place March 16th through the 22nd. Its purpose is to open a dialogue about the importance of open government and freedom of information. Anyone can take part, as long as you do something to engage discussion about open government. For example, you could write a letter to your local newspaper, host a panel discussion at your library, hold a debate on the FOIA in your political science class, etc.

Visit the Sunshine Week website for more information on events and resources and ideas to help spread the word. Updates will be posted on the Sunshine Week blog.

So...what will you be planning to do that week or maybe for next years Sunshine Week? Care to share your ideas? (Because I'm looking for some!) I think this year I will create a daily post on my depository's blog about open government and freedom of information resources, but next year I'd like to do something more interactive and on a larger scale with the community.