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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NeenekoAh, that old straw man. That is one of the ironies about the discussion, the whole point is showing how good people can still have problems with sexism and not realize it.09/17/2014 - 9:11pm
Andrew EisenYes, there have been a handful of op-eds suggesting that the term “gamer” has become tainted (two that I know of) but that’s the opinion of only a few. I've seen an equal number from those who disagree.09/17/2014 - 8:55pm
Andrew EisenExcept, you haven't provided a single example of a site that’s actually calling gamers a "collective of Sexist White Bigoted Basement Dwelling Manchildren."09/17/2014 - 8:55pm
TechnogeekIf you want to make the stereotype of gamers less painful, try calling people out when they do bad shit rather than handwave it away as "not all gamers". Even if it is a few bad apples, that'll still more than enough to spoil the barrel.09/17/2014 - 8:53pm
quiknkoldI'm not going to Sell Gamergate anymore. It can sell itself. But I will sell the integrity of the Gamer. That we are still good people, who create and donate to charitys, Who engage with those around us and just want to have a good time.09/17/2014 - 7:35pm
quiknkoldpeople should not be harrassed and punished for the actions of a few. I've always welcomed and accepted everybody who wanted to join in. Who wanted to make them, or play them. I love good strong female protagonists, and want more.09/17/2014 - 7:35pm
quiknkoldOne of the tennants of Gamergate is to stand up against Harrassment. That Gamers arent like those assholes. We can argue for days if the Sexism or Antifeminism or corruption is there or not, But the one thing I believe in and wear on my sleave is that09/17/2014 - 7:35pm
quiknkoldBut there were these websites, attacking me and people like me, for the actions of a few. and then others joined in on Twitter and other places. there was a hashtag that said "explain in 4 words a gamer" and it made me sick.09/17/2014 - 7:35pm
quiknkoldManchildren who are awful people and that the Identity of the Gamer should die. This hurt me personally. I've always identified as a Gamer. Even in my childhood years, I was a Gamer. All my friends are Gamers. Its one of the core parts of my identity.09/17/2014 - 7:34pm
quiknkoldUltimately, With the whole Gamergate thing, I jumped on it due to the harassment. A small number of assholes harrass Anita and Zoe, and then all the publications lumped together Gamers as this collective of Sexist White Bigoted Basement Dwelling09/17/2014 - 7:34pm
quiknkoldEZacharyKnight : Lemme ask you a question. We have people who cling to walls, people who fire lasers from their eyes, people who can shapeshift....and yet fabric needs to be upheld to RL physics?09/17/2014 - 6:54pm
james_fudgebody paint?09/17/2014 - 5:33pm
E. Zachary Knightquiknkold, I stand corrected on the buttcrack thing. Still, I know of no fabric that actually does that.09/17/2014 - 5:05pm
Andrew EisenSo... it's unethical to discuss the ethics surrounding public interest vs. personal privacy?09/17/2014 - 4:45pm
prh99The source for the game was just released not long ago, it's at https://github.com/keendreams/keen09/17/2014 - 4:43pm
prh99An Indiegogo champagin bought the rights to the early 90's game Keen Dreams to make it open source and release it on GOG etc. https://www.indiegogo.com/projects/let-s-get-keen-dreams-re-released-legally09/17/2014 - 4:42pm
james_fudgeAlso http://www.breitbart.com/Breitbart-London/2014/09/17/Exposed-the-secret-mailing-list-of-the-gaming-journalism-elite09/17/2014 - 4:29pm
Andrew EisenI read the Kotaku story. Nowhere does it say anything close to "Gamers are white bigoted sexist losers." It's commenting specifically on the crap being slung at people discussing gender issues in games. So, what's the problem?09/17/2014 - 4:06pm
Andrew EisenYeah, I can imagine Spiderwoman posed like in your second link.09/17/2014 - 4:00pm
Andrew EisenThat's not the same pose. Spiderman (who is wearing an actual outfit rather than body paint) is crouched low to the ground. Kinda like a spider! Spiderwoman has her butt up in the air like she's waiting to be mounted.09/17/2014 - 3:59pm
 

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