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EFF: 2011 is the year secrecy jumped the shark

The Electronic Frontier Foundation, in their year in review, summed up 2011 as the year that secrecy [w:jumped the shark]. A sad state of affairs for the Obama Administration, which was supposed to be the most transparent ever.

  • Government report concludes the government classified 77 million documents in 2010, a 40% increase on the year before. The number of people with security clearances exceeded 4.2. million, more people than the city of Los Angeles.
  • Government tells Air Force families, including their kids, it’s illegal to read WikiLeaks. The month before, the Air Force barred its service members fighting abroad from reading the New York Times—the country’s Paper of Record.
  • Lawyers for Guantanamo detainees were barred from reading the WikiLeaks Guantanamo files, despite their contents being plastered on the front page of the New York Times.
  • President Obama refuses to say the words “drone” or “C.I.A” despite the C.I.A. drone program being on the front pages of the nation’s newspapers every day.
  • CIA refuses to release even a single passage from its center studying global warming, claiming it would damage national security. As Secrecy News' Steven Aftergood said, “That’s a familiar song, and it became tiresome long ago.”
  • The CIA demands former FBI agent Ali Soufan censor his book criticizing the CIA’s post 9/11 interrogation tactics of terrorism suspects. Much of the material, according to the New York Times, “has previously been disclosed in open Congressional hearings, the report of the national commission on 9/11 and even the 2007 memoir of George J. Tenet, the former C.I.A. director.”
  • Department of Homeland Security has become so bloated with secrecy that even the “office's budget, including how many employees and contractors it has, is classified,” according to the Center for Investigative reporting. Yet their intelligence reports “produce almost nothing you can’t find on Google,” said a former undersecretary.
  • Headline from the Wall Street Journal in September: “Anonymous US officials push open government.”
  • NSA declassified a 200 year old report which they said demonstrated its “commitment to meeting the requirements” of President Obama’s transparency agenda. Unfortunately, the document “had not met the government's own standards for classification in the first place,” according to J. William Leonard, former classification czar.
  • Government finally declassifies the Pentagon Papers 40 years after they appeared on the front page of the New York Times and were published by the House’s Armed Services Committee.
  • Secrecy expert Steve Aftergood concludes after two years “An Obama Administration initiative to curb overclassification of national security information… has produced no known results to date.”
  • President Obama accepts a transparency award…behind closed doors.
  • Government attorneys insist in court they can censor a book which was already published and freely available online.
  • Department of Justice refuses to release its interpretation of section 215 of the Patriot Act, a public law.
  • U.S. refuses to release its legal justification for killing an American citizen abroad without a trial, despite announcing the killing in a press conference.
  • U.S. won’t declassify legal opinion on 2001’s illegal warrantless wiretapping program.
  • National Archive announced it was working on declassifying “a backlog of nearly 400 million pages of material that should have been declassified a long time ago.”
  • The CIA refused to declassify Open Source Works, “which is the CIA’s in-house open source analysis component, is devoted to intelligence analysis of unclassified, open source information” according to Steve Aftergood.
  • Twenty-three year State Department veteran gets his security clearance revoked for linking to a WikiLeaks document on his blog.
  • The ACLU sued asking the State Department to declassify 23 cables out of the more than 250,000 released by WikiLeaks. After more than a year, the government withheld 12 in their entirety. You can see the other 11, heavily redacted, next to the unredacted copies on the ACLU website.
  • The ACLU said it sued the State Department in part to show the "absurdity of the US secrecy regime." Mission accomplished.
[HT to Glen Greenwald] Continue reading

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Presidential Directives Withheld From White House Website

Presidential Directives Withheld From White House Website, by Steven Aftergood, Secrecy News (October 11th, 2011).

Last Friday, White House officials made at least two public references to Presidential Policy Directives (PPDs). PPD 1 was cited in a new executive order on computer security and PPD 8 was cited in a White House blog posting on disaster preparedness. Each Directive is a significant expression of national policy. Neither one is classified. And yet neither of them -- nor any other Obama Presidential Policy Directive -- can be found on the White House website. The White House decision not to make these documents available is a stark reminder of the incoherence of the Obama Administration's transparency policy, and its inconsistent implementation.
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The Obama Administration’s Commitment to Open Government

The White House has released a new report, on open government:

In an analysis, Steven Aftergood says the report, "downplays or overlooks many of the Administration's principal achievements in reducing inappropriate secrecy. At the same time, it fails to acknowledge the major defects of the openness program to date. And so it presents a muddled picture of the state of open government, while providing a poor guide to future policy. Continue reading

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New book on Top Secret America

Dana Priest and William M. Arkin have a new book, Top Secret America based on their series of stories that appeared in the Washington Post in July 2010. The book describes "the new American security state." Steven Aftergood has a brief overview of the book:

  • A Spotlight on "Top Secret America", Secrecy News (September 1, 2011). Since 9/11 ... some 33 large office complexes for top secret intelligence work have been completed in the Washington DC area, the equivalent in size of nearly three Pentagons. More than 250,000 contractors are working on top secret programs. A bewildering number of agencies -- more than a thousand -- have been created to execute security policy, including at least 24 new organizations last year alone.... But the vast scale of this activity says nothing about its quality or utility. The authors, who are scrupulous in their presentation of the facts, are critical in their evaluation: "One of the greatest secrets of Top Secret America is its disturbing dysfunction."
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Thomas Drake’s Plea Deal

Secrecy News has details and documents about the plea deal in the case of former National Security Agency official Thomas A. Drake who says he shared NSA information with The Baltimore Sun in an attempt to save taxpayers' money and strengthen national security:

See a detailed report on the case here:
  • The Secret Sharer: Is Thomas Drake an enemy of the state?, by Jane Mayer New Yorker (May 23, 2011). Binney expressed terrible remorse over the way some of his algorithms were used after 9/11. ThinThread, the "little program" that he invented to track enemies outside the U.S., "got twisted," and was used for both foreign and domestic spying: "I should apologize to the American people. It's violated everyone's rights. It can be used to eavesdrop on the whole world." According to Binney, Drake took his side against the N.S.A.'s management and, as a result, became a political target within the agency.
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