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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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| Aug. 21, 2003 |
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JOURNALISTS SHOULD ASK QUESTIONS ABOUT PATRIOT ACT -- BUT ASHCROFT WON'T ANSWER. In response to Attorney General John Ashcroft's nationwide campaign to talk up the USA PATRIOT Act and his order for all U.S. Attorneys across the country to do the same with their local media, The Reporters Committee for Freedom of the Press today released a list of questions that journalists should ask about the Act's application to journalists and newsrooms.
"The attorney general is touring the country in an effort to convince the public that the PATRIOT Act has been 'mis-reported' by the media," said Reporters Committee Executive Director Lucy A. Dalglish. "But there are portions of the act that could make it more likely that the FBI will execute search warrants on newsrooms where agents believe reporters have been working on stories about terrorism. Newsrooms need to be aware of this possibility."
The primary section of the Act that should concern journalists is Section 215, which allows prosecutors to obtain "any tangible thing" -- not just "business records," as the Department of Justice keeps saying -- from anyone for investigations involving foreign intelligence or international terrorism. (The pre-PATRIOT law applied to specific types of business records of agents of foreign powers.)
A Justice department official acknowledged last year in a letter to Congress that such an order could be applied to a newsroom, but the department will not answer questions about whether or how often it has been. Justice also will not acknowledge that the Privacy Protect Act, which protects against newsroom searches or documentary seizures, takes precedence in such situations.
Meanwhile, on the first day of the road portion of his PATRIOT Act tour designed to teach the public about the Act, Ashcroft "heard no dissent -- and invited no questions -- at the new National Constitution Center yesterday as he ballyhooed the anti-terrorism legislation to an invited audience of law-enforcement officials," The Philadelphia Inquirer reported.
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