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Free Government Information (FGI) is a place for initiating dialogue and building consensus among the various players (libraries, government agencies, non-profit organizations, researchers, journalists, etc.) who have a stake in the preservation of and perpetual free access to government information. FGI promotes free government information through collaboration, education, advocacy and research.

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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Studies compare policy and practice of transparency and open government around the world

Our friends at OMBWatch just published an interesting post highlighting several studies that compare and contrast the policy and practice of transparency of the US and other countries based on comparative analysis of FOIA, foreign aid, and budgets and revenues. The post, entitled "Global Studies Highlight U.S. Transparency Strengths, Weaknesses" "...provide[s] useful measures of U.S. openness relative to real-world conditions, in addition to highlighting global best practices and alternative approaches." It also references a group created in September 2011 called the Open Government Partnership (OGP) and highlights the US' role in the group and their joint Open Government Declaration signed by the US and 7 other countries -- with 38 more countries signing in March 2012. Read the rest of the post to find out where the US ranks among the countries of the world in terms of transparency and open government. Here's the list of studies cited by OMBwatch:

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Open Government Groups Urge Senators to Restore Funding for Transparency Efforts

Thanks OMB Watch and the Sunlight Foundation! These two open government groups just sent a letter to the Senate about the E-Gov Fund in the second “minibus” appropriations bill. In the letter, the groups raise and echo concerns regarding the funding level for e-government in the Statement of Administration Policy concerning H.R. 2354. They state that funding levels are inadequate to support crucial transparency programs such as USAspending.gov and Data.gov and ask that the E-Gov Fund remain a separate budget line to preserve the reporting requirements of the E-Gov Act, which provide transparency about how this money is spent. Here's the text of the OMBWatch/Sunlight letter:

November 16, 2011 Re: FY 2012 Appropriations for the Electronic Government Fund Dear Senators: We are writing to urge you to protect funding for the Electronic Government Fund at the General Services Administration in H.R. 2354, the Energy and Water Development and Related Agencies Appropriations Act. As currently written, H.R. 2354 would not provide adequate funding for the E-Gov Fund’s important programs, which provide critical support for the construction of a more transparent and efficient government and serve as a building block for private-sector innovations that create high-tech jobs. The E-Gov Fund has a proven track record of successful transparency projects that have delivered efficiency improvements and increased government accountability. For instance, USAspending.gov and the IT Dashboard have helped root out government waste and inefficiency and recently led to the elimination of some $3 billion in failing technology projects. PaymentAccuracy.gov shines a light on improper federal payments, which total billions of dollars each year, and Challenge.gov provides a low-cost platform to help agencies bring the public in to identify more efficient solutions to problems facing the country. In addition, E-Gov Fund projects provide the framework for vibrant private-sector business and job creation. The thousands of government data sets now available through Data.gov are building blocks for innovative new IT products. For instance, the search engine Bing now integrates Medicare quality data into searches for hospitals. Brightscope, a start-up company, has raised $2 million in venture capital and created 30 jobs through their analysis of retirement plan data from the Department of Labor. Unfortunately, cuts to the E-Gov Fund in FY 2011 have already hurt successful projects. Needed upgrades to increase transparency and improve data quality have been delayed or abandoned, and two early-stage projects have been terminated. Additional cuts will further hamper efforts to make government more efficient and transparent. These cuts are penny-wise and pound-foolish. The E-Gov Fund supports powerful tools for reducing waste, fraud, and abuse and for creating private-sector jobs, and given appropriate funding, these projects result in benefits far in excess of their costs. To support continued transparency, efficiency, and job creation, we respectfully urge you to restore full funding for the E-Gov Fund. In particular, we ask you to support the president’s recommendation of $34 million to preserve these important programs. We also ask that the E-Gov Fund remain separate from the Federal Citizen Services Fund, as requested in the Statement of Administration Policy on H.R. 2354. Because the proposed Information and Engagement for Citizens account would not be subject to reporting requirements of the Electronic Government Act of 2002 and has not been authorized by Congress, combining the funds would decrease government transparency and accountability. We appreciate your time and attention to this issue. If you have any questions or would like to discuss this issue further, please contact Sam Rosen-Amy of OMB Watch at (202) 683-4806 or Daniel Schuman of the Sunlight Foundation at (202) 742-1520 x 273. Sincerely, OMB Watch Sunlight Foundation
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Ten Organizations Praise Federal Financial Transparency Efforts

FGI joined ALA and 8 other organizations in signing a letter praising congressional and administration efforts to improve federal financial transparency.

  • Ten Organizations Praise Federal Financial Transparency Efforts, by Daniel Schuman, Sunlight Foundation (June 21, 2011). The organizations said the recently-introduced Digital Accountability and Transparency Act of 2011 (or DATA Act) would "revolutionize federal spending transparency," and also praised President Obama's June 13, 2011, Executive Order as an important transparency measure. The DATA Act would establish a federal transparency board -- a successor to the Recovery Accountability and Transparency Board -- with the dual missions of expanding spending transparency to the entire government and identifying government-wide financial data standards... The Executive Order immediately establishes a Government Accountability and Transparency Board that, over the next six months, will develop a plan to integrate government spending data.
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76.5 percent cut in E-Gov Fund

OMB Watch has a good overview of what went on with the e-gov funding this year and how the budget will affect transparency and open government. The article says that H.R. 1473, which President Obama signed into law on April 15, provided only $8 million for the E-Gov Fund, a 76.5 percent cut.

The article ends on a hopeful note saying that the funding could be restored next year and there is bi-partisan support for the E-Gov Fund. Given the current political climate, it is hard for me to be optimistic that there will be sufficient funding for government information production, dissemination, and preservation in the near future, much less for the long term. The Center on Budget and Policy Priorities, which examines federal and state fiscal policies and programs that affect low and moderate income families and individuals, reports that the House Judiciary Committee began considering a constitutional balanced budget amendment that "would force Congress to enact the Republican Study Committee's (RSC) extreme budget plan or something similar to it." That plan would cut total funding for non-defense discretionary programs by approximately 70 percent in 2021.
  • Balanced Budget Amendment Would Require More Extreme Cuts Than Ryan Plan, By Robert Greenstein, James R. Horney and Kelsey Merrick, Center on Budget and Policy Priorities (June 6, 2011) This is the part of the budget that includes veterans' medical care, most homeland security activities, border protection, and the FBI. It also includes education, environmental protection, protecting the nation's food and water supply, and medical research, as well as services for disadvantaged or abused children, frail elderly people, and people with severe disabilities.
Even if this amendment doesn't become law and even if the specific RSC budget doesn't pass, it is hard to imagine, when such huge cuts are being seriously considered, that there will be adequate support in Congress for Data.gov, GPO, FDsys, American Factfinder, and other government information projects. Even if budgets are adequate to fund minimal dissemination of "current" information on government web sites, it is hard to imagine there will be adequate funding to keep online -- or even preserve offline -- older "non-current" digital information (e.g., last year's annual reports, non-current census information, "out of date" economic data). It is much easier to imagine that libraries that rely on pointing to government web sites for government information may find themselves pointing to empty pages. When Congress is willing to cut medical care for veterans, homeland security, services for abused children, and protection of our water supply, much less government openness initiatives for even current information, it is hard to imagine that it will be willing to fund digital preservation of government information. Who will decide what is discarded and what is kept? Who will decide what is worth preserving and what is not? If digital government information were deposited in FDLP libraries, every FDLP library would at least have the opportunity to make its own decisions on what is worth preserving for its own community. If digital government information were deposited in FDLP libraries, FDLP libraries could work together and collaborate on solutions to preserve digital information for the future. But if FDLP libraries do not demand digital deposit, there may be no files left to preserve. Continue reading

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