Freedom of Information Act Change Would Give Government License to Lie

October 25, 2011 -

A proposed rule change to the Freedom of Information Act would give federal agencies a special exemption when it comes to certain types of information requests. The change would allow agencies to tell citizens requesting certain law-enforcement or national security documents that records don’t exist – even when they do.

Under current rules of the FOIA, the government may withhold information and say that it can "neither confirm nor deny" the existence of such records. The new changes would give them a license to lie. The new proposal is part of a lengthy rule revision by the Department of Justice. Open-government groups object.

"We don’t believe the statute allows the government to lie to FOIA requesters,” Mike German, senior policy counsel for the American Civil Liberties Union told ProPublica. Obviously the group opposes the provision.

The ACLU, Citizens for Responsibility and Ethics in Washington and OpenTheGovernment.org said that this change would “dramatically undermine government integrity by allowing a law designed to provide public access to government to be twisted."

Advocacy groups propose different language: something along the lines of "you have requested …records which, if they exist, would not be subject to the disclosure requirements of FOIA..."

Advocacy groups also say that the proposed rule change could undermine judicial proceedings.

In a recent case brought by the ACLU of Southern California, the FBI denied the existence of documents, but the court later found that documents did exist. The judge on the case, U.S. District Judge Cormac Carney wrote in his decision that the “Government cannot, under any circumstance, affirmatively mislead the Court.”

The DOJ draft FOIA rule was published in March, but it re-opened comment submissions in September at the request of advocacy groups. The new comment period ended on October 19. The DOJ had no comment on the story written by ProPublica.

Source: ProPublica

Image provided by Shutterstock. All rights reserved.


Comments

Re: Freedom of Information Act Change Would Give Government ...

Imagine if the government (the entity as well as individuals operating within it) had to operate on the idea of The Truth, The WHOLE Truth, And Nothing But The Truth.

Apparently, someone feels that if FOX News can affirm in a court of law that knowingly and intentionally lying to and deceiving its audience is protected by the First Amendment, then MAYBE the government or one of its agencies, can do so also and claim that the First Amendment protects IT.

Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Re: Freedom of Information Act Change Would Give Government ...

It doesn't matter who's in charge, nothing changes (for the better).

Re: Freedom of Information Act Change Would Give Government ...

And I think to myself, "What a wonderful world..."

Re: Freedom of Information Act Change Would Give Government ...

Scary idea.. one branch of the government having permission to lie to another?

 
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IronPatriotbenohawk, TotalBiscuit is a totalLIAR and decided to be part of the gamergate problem.08/03/2015 - 4:27pm
IronPatriotbenohawk, here are some of TotalBiscuit's totalLIES against gamergate victims: https://medium.com/@SvizraLion/everything-totalbiscuit-got-wrong-in-way-too-many-words-4df407e8113c08/03/2015 - 4:27pm
IronPatriotbenohawk, TotalBiscuit claims he's against harassment, but he joined a movement created for harassment and told inflammatory lies about the victims of gamergate.08/03/2015 - 4:25pm
IronPatriotbenohawk, TotalBiscuit told massive lies about gamergate victims like Sarkeesian. What difference does it make if one side of his mouth says he's against harassment when he joins a movement created for harassment?08/03/2015 - 4:23pm
Big PermIn the end, I can respect it being their tournament with their rules.08/03/2015 - 3:58pm
Andrew EisenHell, I don't like a lot of character designs/costumes but I don't believe I've ever actually been upset by one.08/03/2015 - 3:58pm
Andrew EisenMatthew - There are always people upset with every character design in existence. So? You can't please everyone.08/03/2015 - 3:57pm
Andrew EisenI think it was more an attempt for everyone else to take it seriously. Either way, it was just a suggested option for tournament organizers.08/03/2015 - 3:56pm
Big PermI can't imagine a DoA tournament existed beforehand to showcase the boob physics. I'd think it was already taken seriously by the people who play it08/03/2015 - 3:55pm
Andrew EisenYeah, I remember the "let's suggest an optional restrict certain outfits from Dead or Alive tournament play to encourage people to take the game seriously and focus on the gameplay." That should have nothing to do with DOAX3 localization decisions though.08/03/2015 - 3:54pm
Big PermProbably just twitter drama then. I don't remember game sites being surprised DoA had bouncing boobs08/03/2015 - 3:53pm
Matthew Wilsonin any case people who want it can just import it, unlike Nintendo, the ps4 isnt region locked08/03/2015 - 3:53pm
Matthew Wilsonthe costumes stuff I am ok with. its their tourament, but people were getting upset by the disgin of the characters08/03/2015 - 3:51pm
Matthew Wilsonthat was a difrent more recent one.08/03/2015 - 3:49pm
benohawkI don't remember the exact game and tourney, but Matt and Perm are right that they tried to ban dome female costumes from a tournament a few months ago08/03/2015 - 3:49pm
Big PermLink to community forums that have tournament rules http://www.freestepdodge.com/threads/fsd-doa-tournament-standard-rules.156/08/03/2015 - 3:48pm
Matthew WilsonI belive it was dead or alive08/03/2015 - 3:48pm
Andrew EisenWho was getting upset by how the females looked in what?08/03/2015 - 3:46pm
Matthew WilsonIt may have been a difrent fighting game, but it did happen.08/03/2015 - 3:46pm
Matthew Wilsonpeople were getting upset by how some of the females looked.08/03/2015 - 3:45pm
 

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