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On Jan. 24, 2003, a new law enforcement and investigatory agency whose duties include functions taken from
as many as 22 other federal agencies came into existence. The reorganization of these operations reportedly
marks the biggest government bureaucratic shake-up since the creation of the Department of Defense
half a century ago.
Even before the new Department of Homeland Security opened its doors,
controversies arose over not just how it would operate and exercise its powers, but what
level of access to information it would allow, and how it would respond to news media requests.
Will new exemptions be carved out of the FOI Act, either by law or by practice? Will officials
and agents feel free to tap phones of journalists, or subpoena their records during investigations?
Will the new director consider procedural safeguards, like those adopted years ago by the Department
of Justice, to ensure that freedom of the press will not be denied? And will those practices be
followed?
But "homeland" security is not the only concern for journalists covering anti-terrorism initiatives;
military actions abroad often present a greater challenge, as questions over disclosure of information,
access to troops, and restraints on reporting seem to resurface anew with each conflict.
Questions and issues like these led the Reporters Committee to launch this "weblog," so that there will be a
centralized site on the Internet for journalists who want to follow these issues and pass along
information they learn while covering -- or worse, being covered by -- the new department and other anti-terrorism actions.
Please submit comments and pass along tips to make
this project as useful, thorough and up-to-date as possible.
A few words about what this project will not do.
We do not intend to cover many of the issues that will undoubtedly
come up as the Department takes shape, even if those issues are the ones generating headlines.
We will cover information access and free press issues, but will not follow debates over many
civil liberties issues that, while important, are outside of our domain.
Funding for the launch of this site was provided by
The Robert R. McCormick Tribune Foundation.
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All links will open in separate windows;
close the window to return to this one.
Please send us tips, information & comments.
| Jan. 31, 2003 |
CRITICAL INFRASTRUCTURE CRITICISM
WorkingForChange, a Web site of public interest group Working Assets, summarizes objections to the Homeland Security Act's secrecy provisions protecting critical infrastructure information. Bill Berkowitz speculates that because of the provisions, privacy activists, researchers and journalists will be left in the dark when a system fails or there are snafus.
— Posted at 7:26 pm
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EUROPEAN PARLIAMENT SEEKS ANSWERS.
The New York Times reports today (via Agence France-Presse) that the European Parliament requested information on the status of detainees held by the United States at Guantanemo Bay after September 11.
— Posted at 2:12 pm
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| Jan. 30, 2003 |
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JOURNALISTS URGE COLLEAGUES TO COVER GOVERNMENT SECRECY
A panel of journalists addressing government secrecy at a forum Wednesday in Washington noted that secrecy issues in the government are not getting the coverage they need. They also warned of the consequences of the government's controls on leaks of information that is "sensitive but unclassified," pointing to the recent jail sentence for a former DEA employee who leaked unclassified documents to a British newspaper. Those controls were created in the Homeland Security and USA PATRIOT acts.
"I think the biggest change is that the mechanisms of control of information are becoming more sophisticated and more successful," investigative journalist Scott Armstrong said, explaining that the administration often makes reporters work so hard for basic facts, that they don't have time to push for deeper details.
The panel was sponsored by the Washington Independent Writers Legal and Educational Fund, and held at the National Press Club. The panel, which explored how secrecy affects writers at a time of heightened concerns over national security, included investigative journalists Scott Armstrong of Information Trust, David Burnham, co-founder of Transactional Records Access Clearinghouse, former Los Angeles Times Washington bureau chief Jack Nelson and military affairs author Mark Perry. A transcript of the event will be available from WIW's Legal and Educational Fund sometime next week. (The Web site is not yet operational at the time of this writing.)
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INS REAFFIRMS SECRET DETAINEES RULE.
The Immigration and Naturalization Service issued final rules yesterday prohibiting state or local governments which house federal immigration detainees in their jails under contract from giving out any information about the detainees regardless of the requirements of state open records laws. INS issued the regulations as interim rules April 22 and made no changes in the final published today. INS rejected comments that the federal government exceeded its authority in issuing the gag rules. The agency rejected comments that imposition of its rules violated the First Amendment, saying the rule instead "ensures" that requests for information will be subject to the federal Freedom of Information Act (and its exemptions) and further that it "guarantees" that information about the detainees will be subject to the federal FOI Act rather than open government laws in the 50 states. It rejected comments that the enforced secrecy violated the detainees' due process rights, pointing out that the agency would protect their "privacy" (their interest in not being connected to terrorism proceedings) by invoking exemptions to the federal Freedom of Information Act.
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SUGGESTIONS OF OFFICIAL DISINFORMATION.
Knight Ridder's Warren P. Strobel reported that U.S. officials and private analysts said that suggestions by President Bush in his State of the Union address that Saddam Hussein might give poison gas or germ weaponry to terrorists "stretches the analysis of U.S. intelligence agencies to, and perhaps beyond, the limit."
— Posted at 3:11 pm
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MORE ON DECLASSIFICATION OF IRAQ EVIDENCE
Bush officials are debating whether to declassify certain documents relating to Iraq, The New York Times reports. The move to declassify is motivated by a need to build the administration's case that war is necessary. The documents being considered for disclosure include photographs of suspected Iraqi weapons sites and interviews with defectors and detainees. (Bob Woodward's report on the same topic in The Washington Post is below.)
— Posted at 1:26 pm
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GAO RELEASES 2003 PERFORMANCE AND ACCOUNTABILITY REPORTS.
The General Accounting Office's performance and accountability reports, issued every two years, cover major management challenges and program risks in each cabinet department and most major agencies. The high-risk series update identifies areas at high risk due to either their greater vulnerabilities to waste, fraud, abuse, and mismanagement or major challenges associated with their economy, efficiency, or effectiveness. Included in the high-risk series is a report looking at the vulnerabilities of the nation's critical infrastructures, including computer networks, against terrorist threats. (A one-page "highlights" report is also available.)
The report on the new Department of Homeland Security (highlights) starts by noting, "We believe that the implementation and transformation of DHS is a high risk," because of the size and complexity of the reorganization, the existing challenges in the components being merged, and the serious consequences of failure to carry out its mission.
— Posted at 12:57 pm
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DISCLOSURE OF INTERNET ATTACKS.
New York Times reporters Katie Hafner and John Biggs explore needs for public disclosure of Internet attacks on private companies as well as the reluctance of many -- but not all -- companies to make the problems public. In the Homeland Security Act, Congress passed broad secrecy measures to protect critical infrastructure information submitted to the government. The article discusses a paper presented by Harvard academicians Stuart Schechter and Michael Smith over the weekend at a cryptography conference which argues that organizations or individuals that share information about computer break-ins are actually less attractive targets for malicious hackers.
— Posted at 10:26 am
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| Jan. 29, 2003 |
BOOT CAMP KIDNAPPING.
Pentagon sponsored media boot camps have stepped up the training drills as they prepare journalists for possible embedded reporting assignments in Iraq. The Washington Post today reported that a mock kidnapping of German correspondent Gundula Koch was staged at Fort Dix last Tuesday. She was promptly released, but used as an example for the others.
— Posted at 4:17 pm
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CITY FIGHTS RELEASE OF CAMERA LOCATIONS.
The Associated Press reports (via freedomforum.org) that the student newspaper at the University of Texas wants access to information about the city's surveillance cameras. The state Attorney General ordered Austin to release the information, but the city is challenging his release order in court, saying the cameras are used in "vulnerability assessments" done under the Public Health Security and Bioterrorism Preparedness and Response Act.
— Posted at 2:35 pm
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COVERING THE PRELUDE TO WAR.
Editor & Publisher reports that the prelude to war with Iraq has been difficult for journalists, because government control on information has been tight. This has led to reliance on leaks, which makes some critics nervous. One reporter predicts "battles between military censors and newspapers" if and when the war actually starts.
— Posted at 2:06 pm
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| Jan. 28, 2003 |
SHOE BOMBER LETTERS TO REMAIN SEALED.
United Press International reports that a federal judge in Boston denied the media's request for access to correspondence sent and received by Richard Reid, who pleaded guilty to attempting to detonate a shoebomb in an American Airlines flight from Paris to Miami in December 2001. Reid faces sentencing this Thursday, Jan. 30.
— Posted at 4:46 pm
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TERRORISM COMMISSION MEETS IN SECRET.
The first meeting of the federally-funded National Commission on Terrorist Attacks, held Monday in Washington, D.C., was closed to the public. The commission is expected to conduct its investigation over 18 months, and is planning on having public hearings at some point in that process. Congress exempted the commission from the Federal Advisory Committee Act (FACA), which requires such commissions to hold meetings that are open to the public. (news coverage: AP, The New York Times).
Thomas H. Kean, the former governor of New Jersey, stepped into the position of chairman of the commission last month after Henry Kissinger backed out. Kean was viewed favorably by the New Jersey media on open records and meetings issues while he served as governor.
— Posted at 4:37 pm
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WEB TAKE-DOWNS.
Reams of data have been taken down from federal government Web sites since September 11 and no one knows how long the freeze will last, OMB Watch executive director Gary Bass tells Mother Jones.
— Posted at 3:31 pm
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U.S. MAY REVEAL INFORMATION ON IRAQ'S HIDDEN WEAPON SYSTEMS
Today Bob Woodward of The Washington Post reports that in order to gain support for the war, the Bush administration may declassify and release information gathered by U.S. intelligence agencies regarding Iraq's concealment of weapons systems.
— Posted at 1:13 pm
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ELLSBERG ON THE WAR AND THE MEDIA.
Daniel Ellsberg knows something about leaks. His release of the Pentagon Papers directly led to critical reporting about the Vietnam War and greater protection for the media from prior restraints. In a Q&A with Editor & Publisher, Ellsberg discusses why he believes the media is struggling to cover the impending war in Iraq.
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BYRD DECRIES SECRECY AND SILENCE.
In the latest news from Washington's longest-running power breakfast serial, Sen. Robert Byrd (D-W.Va.) took the administration and the Senate to task over war preparations and secrecy. "To me there is a very eerie stillness over the land and on Capitol Hill with respect to informing the people. ... In my 50 years in Washington I have only seen this cloak of secrecy as it is twice, in particular in the Nixon administration and now in this administration."
— Posted at 10:29 am
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| Jan. 27, 2003 |
CII.
The confidentiality exemption in the Homeland Security Act for "critical infrastructure" information that is obtained by the new department is explained in detail in the Jan. 27 FOIA Post published by the Department of Justice's Office of Information and Privacy.
— Posted at 7:55 pm
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INTERIM REGS RELEASED.
The Department of Homeland Security published interim Freedom of Information Act regulations Jan. 27. The regulations are not dissimilar to regulations published by other federal agencies. They do not name a new Freedom of Information Act Officer for the department but list entities moved into the new department which will continue to process requests for records located in their offices. Requesters who do not know where their requests should be directed can forward them to a Departmental Disclosure Officer, Department of Homeland Security, Washington, D.C. 20528. The rules provide businesses a "reasonable" time for reviewing and objecting to release of records they have submitted that are sought by FOI requesters. The FOI Act itself requires that FOI Officers grant or deny requests within 20 working days and makes no provision for extending the time for business submitter comments. The Department invites comments on the FOI regulations until February 26.
The new department also issued regulations on classifying information that are substantially similar to classification regulations of other agencies.
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ATTORNEY GENERAL JOHN ASHCROFT HEARD COMPLAINTS
about the United States government's war on terror from international critics meeting in Davos, Switzerland, The New York Times reported Saturday. "What we are saying is that certain fundamental tenets of democracy are being violated," one civil rights leader told Ashcroft. Other critics specifically mentioned the administration's detention of prisoners at Guantanamo Bay and its refusal to identify some of the people detained in the United States.
— Posted at 2:53 pm
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| Jan. 24, 2003 |
THE INS AND THE SUPER BOWL
The Los Angeles Times reported that although 50 to 70 people have been arrested in San Diego by federal INS agents seeking to protect fans at the Super Bowl, the INS in San Diego has refused to comment since local media reported the sweep earlier in the week. Reporter H.G. Reza reported that an official who provided some information on "Operation Game Day" asked not to be identified for fear of reprisal. The official told Reza the sweep focused on security guards contracted for the event, but that no known terrorists were located.
— Posted at 4:36 pm
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SENATE VOTES TO SUSPEND TIA
The Senate took a stab at slowing down the development of the "Total Information Awareness" data-mining program underway at the Pentagon yesterday. Senate Amendment 59 to a House-originated spending bill (H.J.Res. 2) passed the Senate by unanimous consent, thus throwing the bill, and final resolution of the near-term fate of TIA, back to a conference committee to sort out the differences. The amendment, proposed by Sen. Ron Wyden (D-Ore.), requires that work on the project end within 60 days unless the Pentagon submits a detailed report about its costs and risks, or if the President certifies that ending the program endangers the national security. News accounts: New York Times, CNET News.com.
A bill that would impose an even stricter moratorium has been introduced by Sen. Russ Feingold (D-Wisc.). S.B. 133 would halt funding for such data-mining projects at the Defense and Homeland Security departments.
— Posted at 4:02 pm
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9/11 MEETING WILL BE CLOSED.
The Washington Post reports that the first meeting of an independent commission on the 9/11 terrorist attacks scheduled for Monday will not be open to the public. (Second item)
— Posted at 1:55 pm
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THE STAGE HAS BEEN SET FOR SUPREME COURT ACTION
on the question of whether the public has a right of access to the terrorism-related immigration proceedings, most of which, of course, are long over. On Wednesday, the Sixth Circuit rejected a government request for rehearing by the entire court, letting stand a decision holding that automatic closure of all post-September 11th immigration proceedings was unconstitutional. The Third Circuit last month decided not to rehear a case that reached the opposite conclusion, that the First Amendment does not guarantee a presumptive right of access. The split in the circuits can only be resolved by Supreme Court review. News coverage: Detroit Free Press; News Media Update (3rd Cir.); News Media Update (6rd Cir.)
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IF THE U.S. GOES TO WAR IN IRAQ,
will the reporting be free and independent? Will the Pentagon keep its promise to provide journalists with access to troops? Or will we see a four-star general standing with a pointer in front of a map? The Baltimore Sun outlined the issues recently. . . . The media was shut out of Afghanistan when bombs started dropping in October 2001. Since then, the Pentagon has conducted group meetings with Washington bureau chiefs to address their concerns. In addition, the Pentagon has met with various Washington bureau chiefs individually, giving the papers the chance to make their case about why they should get prime slots with troops. The New York Observer questions whether the discussions will lead to better war coverage if the U.S. invades Iraq.
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AND SO IT BEGINS.
Tom Ridge was sworn in at 1:15 pm today as the first secretary of homeland security. During his confirmation hearing last week, Ridge was asked about the sweeping consequences for whistleblowers due to provisions in the agency legislation that allow criminal penalties for the public disclosure of unclassified information voluntarily submitted by a company. His response was pretty much the standard confirmation hearing answer: "I'll certainly work with you to clarify that language," he told the committee.
To keep up with the press releases from the department, send e-mail to dhspress@dhs.gov with your name and affiliation. Govexec.com says that it will be tracking who's headed where as the Bush administration works to staff up the Homeland Security Department, although the names will also probably be available directly from the agency's press room.
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