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The right to access information is regarded as the ability of a citizen to obtain information from our government. That is factual information, which is useful and practical, capable of helping the citizen to make an informed opinion on an issue and not simply being overwhelmed by unlimited amounts of government propaganda.
Unhindered access to information, apart from being regarded as essential in democratic governance, is also regarded as a fundamental right. This fundamental right is basic to human rights and specifically granted to us by our country's founding fathers, in the U.S. Constitution. Intellectual freedom is also fundamental, for without the freedom to think one's thoughts, conceive ideas, formulate views and express them freely there is no possibility of a real democratic state. Without real information intellectual freedom is stifled, our Constitution becomes meaningless and the national security strategy (NSS) fails.
There is usually a tension between the right of access to information held by the government and the need of the government to exempt certain records on the basis of its interest. These secrets include such materials as nuclear weapon designs, military plans, and intelligence information. Few people dispute the value of keeping certain information secret, but many believe that the secrecy is excessive.
To facilitate a workable solution The Freedom of Information Act (FOIA) was implemented by our legislatures. It was signed into law by President Lyndon B. Johnson on July 4, 1966 (Amended 2002), and went into effect the following year. This act allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States Government. The Act defines agency records subject to disclosure, outlines mandatory disclosure procedures and grants nine exemptions to the statute.
The problem is that the FOIA is not effective. The exemptions have created large "loop holes" in the law and allows the government to exempt a great deal of information. By many accounts, far too much information. The most egregious of the exemptions allows an Executive order to keep anything secret that might be in "the interest of national defense" and is "properly classified" pursuant an Executive order.
Simply stated anything can be kept secret as long as someone in the Executive thinks it might be of national defense significance or at least takes actions to indicate such interest. This exemption and others allow for wide abuse and misuse of the system. It is important to note that the Executive may be the largest employer in the United States and includes the U.S. Armed Services, the State Department, and the CIA to mention a few of its organizations. What this means is there are a large number of people exempting information.
Our government seems to be uncomfortable with the notion of openness and prefers to operate beyond the view of public scrutiny. The discovery of the secrecy surrounding the rendition of suspected terrorist prisoners is a case in point. A more recent example, is the United States Air Forcesīs secrecy and their failure to reply to the FOIA request for radar records that tracked a Unidentified Flying Object (UFO) near Stephenville, Texas, on Jan. 8, 2008. It seems that government secrecy has become a way of life.
Access legislation such as the FOIA is ineffective if our society does not have the capacity to exercise its right of access. Exemptions to the law must be minimized. The government should therefore, deploy resources to create an enabling environment that will facilitate a competent response to information requests. As well as amend the FOIA to restrict the exemptions.
Our information access legislation, lofty as it appears to be, is unlikely to have any real impact unless more steps are taken to build openness. Since the government does not seem to be moving in that direction we must act. In other words, we need to develop litigation and advocacy strategies for promoting and defending the right of access to information. If we donīt the so called "national defense" exemption will create the biggest national security risk of all, our Constitutionīs demise..
Unhindered access to information, apart from being regarded as essential in democratic governance, is also regarded as a fundamental right. This fundamental right is basic to human rights and specifically granted to us by our country's founding fathers, in the U.S. Constitution. Intellectual freedom is also fundamental, for without the freedom to think one's thoughts, conceive ideas, formulate views and express them freely there is no possibility of a real democratic state. Without real information intellectual freedom is stifled, our Constitution becomes meaningless and the national security strategy (NSS) fails.
There is usually a tension between the right of access to information held by the government and the need of the government to exempt certain records on the basis of its interest. These secrets include such materials as nuclear weapon designs, military plans, and intelligence information. Few people dispute the value of keeping certain information secret, but many believe that the secrecy is excessive.
To facilitate a workable solution The Freedom of Information Act (FOIA) was implemented by our legislatures. It was signed into law by President Lyndon B. Johnson on July 4, 1966 (Amended 2002), and went into effect the following year. This act allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States Government. The Act defines agency records subject to disclosure, outlines mandatory disclosure procedures and grants nine exemptions to the statute.
The problem is that the FOIA is not effective. The exemptions have created large "loop holes" in the law and allows the government to exempt a great deal of information. By many accounts, far too much information. The most egregious of the exemptions allows an Executive order to keep anything secret that might be in "the interest of national defense" and is "properly classified" pursuant an Executive order.
Simply stated anything can be kept secret as long as someone in the Executive thinks it might be of national defense significance or at least takes actions to indicate such interest. This exemption and others allow for wide abuse and misuse of the system. It is important to note that the Executive may be the largest employer in the United States and includes the U.S. Armed Services, the State Department, and the CIA to mention a few of its organizations. What this means is there are a large number of people exempting information.
Our government seems to be uncomfortable with the notion of openness and prefers to operate beyond the view of public scrutiny. The discovery of the secrecy surrounding the rendition of suspected terrorist prisoners is a case in point. A more recent example, is the United States Air Forcesīs secrecy and their failure to reply to the FOIA request for radar records that tracked a Unidentified Flying Object (UFO) near Stephenville, Texas, on Jan. 8, 2008. It seems that government secrecy has become a way of life.
Access legislation such as the FOIA is ineffective if our society does not have the capacity to exercise its right of access. Exemptions to the law must be minimized. The government should therefore, deploy resources to create an enabling environment that will facilitate a competent response to information requests. As well as amend the FOIA to restrict the exemptions.
Our information access legislation, lofty as it appears to be, is unlikely to have any real impact unless more steps are taken to build openness. Since the government does not seem to be moving in that direction we must act. In other words, we need to develop litigation and advocacy strategies for promoting and defending the right of access to information. If we donīt the so called "national defense" exemption will create the biggest national security risk of all, our Constitutionīs demise..
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