Secret Law And The Threat To Democratic And Accountable Government
Secret Law And The Threat To Democratic And Accountable Government, Hearing before the Subcommittee On The Constitution Of The Committee On The Judiciary United States Senate, April 30, 2008, (S. Hrg. 110-604, DOCID: f:44955.wais, Serial No. J-110-89, ASCII version. Theoretically available as PDF from GPO, but definitely available from FAS: PDF; FAS also has ASCII version). From the opening statement by Senator Russell Feingold,
The notion of secret law has been described in court opinions and law treatises as ``repugnant'' and ``an abomination''. It is a basic tenet of democracy that the people have a right to know the law. In keeping with this principle, the laws passed by Congress and the case law of our courts have historically been matters of public record. When it became apparent in the middle of the 20th century that Federal agencies were increasingly creating a body of non-public administrative law, Congress passed several statutes requiring this law to be made public for the express purpose of preventing a regime of secret law. That purpose today is being thwarted. Congressional enactments and agency regulations are, for the most part, still public. But the law that applies in this country is determined not only by statutes and regulations, but also by the controlling interpretations of courts and, in some cases, the executive branch. More and more, this body of executive and judicial law is being kept secret from Congress as well.Feingold mentions many problems, among them the discovery that the Office of Legal Counsel has taken the position that a President can waive or modify a published Executive order without any notice to the public or Congress--simply by not following it. He says, "abrogating an Executive order without any public notice works a secret change in the law. Worse, because the published order stays on the books, it actively misleads Congress and the public as to what the law is. That has the effect--presumably the intended effect--of derailing any accountability or oversight that could otherwise occur." Thanks, and a tip of the hat to Secrecy News! Continue reading
Freshmen Lawmakers Bring Wealth Of Tech, Telecom Experience
Freshmen Lawmakers Bring Wealth Of Tech, Telecom Experience, by Winter Casey, National Journal, Congress Daily, Dec. 8, 2008. [subscription required]
Freshmen lawmakers are not only eager to use the latest technologies to communicate with constituents -- many of them come from tech and telecom backgrounds. Most used some type of new media tool on their campaign pages, and nearly half provided links to online blogs, according to a National Journal analysis. Almost half also linked to YouTube videos, followed by Facebook, Flickr, MySpace, Twitter and Blip.tv sites. A spokesman for YouTube said the company did a lot of outreach to candidates early on.Continue reading
Malamud’s radical plan to “open source America’s operating system”
Carl Malamud is at it again, this time shaking things up with the Obama transition team over at change.gov. He's submitted a letter to the "Department of Transparency" with 5 proposals for making government information more accessible to the public, thereby making government processes and workings more transparent. His proposals can be boiled down to: 1) make GPO "products" like the Congressional Record, Federal Register, US Code, etc immediately available online in bulk and with historical coverage; 2) create a .gov cloud; 3) wire for video all US Government hearing rooms; 4) train people in the art of both traditional and digital publishing and 5) get rural America access to broadband aka "internetification." That takes care of the creation of and access to digital government information -- the bulk of the issues with which FGI is concerned. There's just one piece missing in Malamud's ingenious plan: preservation. The Library of the USA needs to include actual libraries in the process. I'm not faulting the plan, because I really think it's far-reaching and radically elegant in its simplicity -- not to mention that malamud's M.O. has always been about access, "open sourcing America's operating system." And since the Obama transition team is increasingly talking about a "21st century New Deal" that includes a call for a huge job training program combined with an agenda of ethical and transparent government, this is a plan with real legs. For the plan to work though, libraries and librarians will need to step up to the challenge. We'll need to work closely with GPO and each other and collaborate on the building of digital infrastructures. Stay tuned. This is getting interesting!
The Honorable Office of the President-Elect Attn: Department of Transparency Washington, D.C. 20270 Sirs: Pre the procedures and policies propounded by the Office of the President-Elect, Public.Resource.Org is pleased to provide for publication and posting the following policy papers and proposals which we have previously shared with your staff: REBOOTING .GOV. How the Government Printing Office can spearhead a revolution in governmental affairs. FEDFLIX. Government videos are an essential national resource for vocational and safety training and can also help form a public domain stock footage library, a common resource for the YouTube and remix era. THE LIBRARY OF THE U.S.A. A book series and public works job program to create an archival series of curated documents drawn from our cultural institutions, with full-quality masters of the books and research materials made available for other publishers to draw on. The program would employ the GPO master printers and would recruit writers, archivists, artists, and other creative workers through a national call for participation. THE UNITED STATES PUBLISHING ACADEMY. GPO should expand current training programs such as the Institute for Federal Printing and combine them with current workforce development efforts to create a national academy similar to the National Mine Academy and the National Fire Academy, training its own workforce, the government, and the local schools in the art, craft, and science of publishing. THE RURAL INTERNETIFICATION ADMINISTRATION. Repurposing the Amateur Radio League, modifying spectrum policy, and injecting capital into rural coops can bring high-speed broadband to 98% of rural Americans just as the Rural Electrification Administration did in the last century. All submissions are in the public domain and you may feel free to remix or mashup the ideas as you so wish. Respectfully yours, Carl Malamud President & CEO Public.Resource.Org[Thanks for the tweet John Wonderlich!] Continue reading
No guest blogger for month of December
Hi all. We had a guest blogger lined up for the month of december, but unfortunately he had to withdraw at the last minute. So we'll start up again next month with a new guest blogger. For this month, we'll put all blog posts front and center! Let us know if you'd like to be a guest blogger. Email us: admin AT freegovinfo DOT info. That is all. Continue reading
Affirmative Disclosure of Government Information
John Wonderlich, a Program Director of the Sunlight Foundation and a great friend of libraries, has posted some useful suggestions over at The Sunlight Foundation Blog:
I really like John's concept of "affirmative disclosure." I think we could go even further by explicitly addressing the problems of long-term preservation caused by the shift to e-government. I am starting from the assumption that society needs a reliable way to preserve an accurate, complete historical record. Unfortunately, the systems we have in place today makes it difficult, and in some cases impossible, to guarantee that we will preserve a record that is either complete or accurate. Consider, for example, the recent case where researchers at the University of Illinois discovered that the White House removed original documents from its web site, altered them, and replaced them with backdated modifications that appear to be originals but are not. Also consider the project of the Library of Congress, the California Digital Library, the University of North Texas Libraries, the Internet Archive and the U.S. Government Printing Office to try to capture web pages of the current administration by performing a "comprehensive crawl of the.gov domain." These examples illustrate the problem of preserving the historical record. The first shows how the historical record can easily be lost and altered (intentionally or unintentionally -- it doesn't matter which) by lack of accurate metadata (dates, versioning). The second shows the sad state of current preservation: the best record we will have of the government web will be a single, incomplete snapshot of the end of an eight year administration. (Harvesting is imperfect and incomplete: links can break, embedded content can be lost, databases can prohibit or inhibit crawls of their content, and crawls can only save a snapshot of dynamic sites.) In essence, the government has made a major change in information policy by changing the technology of information dissemination and has done so without really examining the implications of the change or even acknowledging that a policy has changed. What was the policy change? In the old policy, the role of government was to collect and assemble and edit and create information and then instantiate it in publications and distribute those instantiations to the public. At that point the role of preservation was in the hands of libraries (mostly FDLP libraries) and archives. But, in the new policy, the government does not actively distribute, but "posts" information on web sites where it is subject to alteration and removal without ever being instantiated anywhere. It is up to the public, consumer groups, individuals, libraries, and special projects to identify when information is posted or changed and then attempt to preserve that information. While that may succeed sometime, the approach has two fatal flaws. First, it is ad-hoc and therefore will almost certainly be incomplete at best. Second, it puts the responsibility of instantiation in the wrong hands: not those who create the information (the government) but those who "discover" the information. The government essentially is renouncing its responsibility to actively, affirmatively create a preseveable instance of the information it creates. While some agencies (e.g. GPO, EIA) are saying that it is now their role to preserve information, other agencies (e.g., NARA) are actually narrowing their role in long-term preservation (notice that NARA is not participating in the ".gov crawl" and says explicitly that "most web records do not warrant permanent retention"). So, let's explicitly expand the idea of "affirmative disclosure" to include "active deposit." By that I mean that the government should be required to actively inform and distribute to the public notifications (metadata) and documents (data) every time a "document" is created or modified or superseded. "Deposit" could be accomplished with technology (e.g., RSS, APIs, OAI and OAI-PMH, etc.) and should be required to include dates and version information. This is the right way to do this because it recognizes the appropriate roles for the different participants in the life cycle of information: government agencies create information products that are preservable and libraries and others preserve those products outside the .gov domain. Continue reading