Open Government at NARA

In response to the Open Government Directive, the National Archives and Records Administration (NARA) has created a web page devoted to its Open Government Initiatives (http://www.archives.gov/open/). Currently, it lists four NARA datasets: CFR, Federal Register, Archival Descriptions from ARC, and Organizational Descriptions from ARC. These listings conform to the Open Government Directive call for agencies to create a gateway at the specific web address at http://www.[agency].gov/open. But, in addition, NARA has created "a records control schedule website that allows the public and Federal agencies to browse scanned copies of unclassified, NARA-approved records control schedules." (http://www.archives.gov/records-mgmt/rcs/). The only "announcement" of this new service so far has apparently been a response to a question on the NARAtions blog. Kate has more details and background at ArchivesNext. (Big hat tip!). Continue reading

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Some answers emerge on warrantless surveillance

Back on September 18, 2007, the House Judiciary Committee chaired by John Conyers (D-Michigan) held a hearing entitled "Warrantless Surveillance and the Foreign Intelligence Surveillance Act". In that hearing, Conyers posed some questions to the Justice Department to get at the Department’s views on the legal framework governing electronic surveillance under the amended [w:Foreign Intelligence Surveillance Act] (FISA) -- we've been tracking FISA for some time on FGI. The Committee hearing volume (pdf) was published in June 2008 without the Justice Department’s answers to these questions, because they were provided to Congress too late to be included in the published record. As you might remember, back in December, 2005 the NY Times broke a story about the Bush administration secretly authorized the National Security Agency (NSA) to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials. FAS as well as the Electronic Frontier Foundation (EFF) and other civil liberties organizations have been tracking the [w:NSA warrantless surveillance controversy]. Many thanks to Steven Aftergood and the Federation of American Scientists (FAS) for submitting a FOIA request to make public Assistant Attorney General Kenneth Wainstein's written responses to those questions posed about this important program and bringing to light the legal perspective that held sway within the Bush administration's Justice Department.

“If the so-called Terrorist Surveillance Program (TSP) was perfectly legal as has been claimed, why would companies who cooperated in it need immunity?” the Committee asked. (To protect classified information, among other reasons, the Department responded.) “Is the President free to disregard any provisions of FISA with which he disagrees?” (No, not exactly.) “If an individual in the United States is suspected of working in collusion with persons outside the United States–such that an investigation of one is in effect the investigation of the other–under what circumstances, generally, would you use criminal or other FISA wiretaps?” (Targeting of persons in the United States can only be done under FISA procedures.)
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Lost Docs Blog News: New Category – Explanation Needed

3/1/2010 - Updated to add criteria of non-distribution of tangible product to FDLP. Thanks to some documents reported to FGI's Lost Docs Blog last month, the Lost Docs blog has a new category that needs explaining. The category is called "Explanation Needed." GPO lost docs receipts submitted to lostdocs.freegovinfo.info will be assigned this category if: 1) Cataloging records exist for both tangible (Paper and/or microfiche) and online versions of the item submitted that were added to the Catalog of Government Publications (CGP) earlier than the datestamp on the lost docs receipt. 2) The catalog record for the tangible version indicates that GPO cataloged the tangible version within five years of the publishing date of the item. 3) There is clear evidence from the bib record or depository librarian testimony that the tangible item was NOT offered to Federal Depository Libraries. We have a five year limit because GPO Acquisitions staff have indicated they rarely have success in finding depository copies of tangible items more than five years old. We at FGI don't insist that GPO distribute a tangible item when that item is solely available in an online format, but when a tangible item is available and fits the program, it should be distributed. GPO's policy on dissemination, SOD 301, states (emphasis mine), "When the product is available both online and in a tangible format, GPO will disseminate the online version to depository libraries. Tangible versions will be offered as well, budget permitting." Hopefully this means that most of the time the budget will permit this. If an item wasn't distributed for budget reasons, GPO should note this in the print record. Until the non-distribution of these tangible items is explained and obviously noted in the cataloging record for a given item, it will keep the "Explanation Needed" tag. However, we will also continue to tag such items as "false positive" since we believe the primary focus of "lost docs" is documenting government publications that have escaped the National Bibliography GPO is required to maintain and because people do have access (at least for now) to the online version. We encourage depositories to report non-distribution of CGP-Cataloged documents through GPO help and not through the Lost Docs form. Continue reading

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opensource.gov blocking access to libraries

[w:Open source intelligence] -- not to be confused with [w:Open-source software] -- is "a form of intelligence collection management that involves finding, selecting, and acquiring information from publicly available sources (my emphasis) and analyzing it to produce actionable intelligence." Libraries in the [w:Federal Depository Library Program] have since the early 1940s received output from this process in the form of [w:Foreign Broadcast Information Service] (FBIS) materials *for free*. FBIS materials offered translation of foreign news sources, and via the Joint Publications Research Service (JPRS) foreign language books, newspapers, journals, unclassified foreign documents and research reports. FBIS became the World News Connection in 1996, but it is a severely limited version (about half) of what's available for internal government use. The Federal of American Scientists has more on FBIS. Check out FBIS and JPRS materials in library collections near you! All that background as context to a very troublesome turn of events as described by a recent post on the govdoc-l list (see the email below stripped of personal information). This important piece of the govt information universe is now only available via a very expensive commercial database (World News Connection), depriving the academic and larger research communities of full access to all that is done by FBIS at taxpayer expense. Please help us by contacting the Open Source Center (OSCinfo@rccb.osis.gov 202-338-6735, or 1-800-205-8615) and Robert Tapella (PublicPrinter@gpo.gov) at the Government Printing Office and request that the Open Source Center offer free access of opensource.gov to depository libraries. Thanks! >>>>>>>>>>>>>>>>>>>>>>>>

Date: Wed, 24 Feb 2010 10:25:58 -0600 Subject: OpenSource.gov access Has any library successfully gained access to OpenSource.gov? For those who are unfamiliar with this resource, here is the what their web page says about them: "OpenSource.gov provides timely and tailored translations, reporting and analysis on foreign policy and national security issues from the OpenSourceCenter and its partners. Featured are reports and translations from thousands of publications, television and radio stations, and Internet sources around the world. Also among the site's holdings are a foreign video archive and fee-based commercial databases for which OSC has negotiated licenses. OSC's reach extends from hard-to-find local publications and video to some of the most renowned thinkers on national security issues inside and outside the US Government. Accounts are available to US Government employees and contractors. Register today to see what OpenSource.gov has to offer." When we tried to register, they informed that we would have to justify why we needed access to the information and that we could get the information through World News Connection (via Dialog) OR, and I quote: "In addition to the World News Connection, individuals may be able to access OSC products through university libraries, or the Federal Depository Library Program. Many Depository Libraries received CDs from the US Government Printing Office that contain select Open Source Center products." [The CDs that they are referring to are the FBIS materials (PREX 7.10/3:)] In our response, we informed them that WNC was an expensive database they we could not afford and that their information regarding OSC being distributed through the FDLP was sorely out of date since the CDs have NOT been distributed for over 5 years. In their response, they say they are considering adding additional agencies such as the Federal Depository Library (FDL) as part of the approved list of agencies in OpenSource.gov., but such a review would take a considerable amount of time to do. (I took this to mean, when 'ell freezes over.) Now here is the strange part--they think the FDLP is under the Dept of Interior and we could sign up that way--but our email address would need to have .gov or .mil in it. I am not sure, but I think they are actually referring to the Natural Resource Library in the U.S. Dept of Interior, which is a federal depository library, with which we are not associated, so this is NOT an option. At this point I am stymied as to how we can have access to information that was formerly available FOR FREE through depository but is now only available through commercial ($$$) means. I know that GPO is aware that the CDs are no longer being distributed because of the creation of the OpenSource database. The only message I could find about this situation via the GOVDOC-L archives was from 2007 when they said "FDLP is still working with the agency OSC to get an agreement with how we are going to access their database." It is now 3 years later and we still do not have access to this information. In the meantime, we have a professor on campus doing research in Middle East affairs and would like to have access to more recent information than what we have in our library via microfiche and CDs. We can not afford WNC, so I don't know what else we can do--except get access to OpenSource.gov. If anyone has been successful, I would be happy to hear how you did it.
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Cryptome shut down over Microsoft DMCA takedown notice

The site [w:Cryptome] has been shut down over a [w:Digital Millennium Copyright Act] (DMCA) notice from Microsoft alleging copyright infringement after Cryptome published a 22-page Microsoft document outlining how the company stores private user data in its web-connected servers. The document also explains how government agencies can access that personal data. John Young has put up an alternative website while the original domain is locked by Network Solutions. Wired news blog "Threat Level" and ReadWriteWeb have more context. Feel free to download the document entitled "Microsoft® Online Services Global Criminal Compliance Handbook" (.pdf). Good thing libraries have collected Cryptome archives on CDROM and have harvested the site as well! [Thanks BoingBoing!] Continue reading

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