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?

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
Matthew Wilsonalso, it looks like sony finally got a clue http://www.vg247.com/2014/11/26/sony-comes-to-senses-at-last-admits-playstation-is-going-to-save-it/11/25/2014 - 10:56pm
Matthew WilsonI wont say them, but there are other sites beyond youtube. it was a good move by HBO.11/25/2014 - 10:55pm
Papa Midnighthttp://www.pcgamer.com/dark-souls-to-move-from-gfwl-to-steam-a-month-later-than-expected/11/25/2014 - 10:30pm
Papa MidnightMatthew Wilson: Considering ContentID, I can't imagine that would necessarily be a problem for HBO.11/25/2014 - 10:19pm
Matthew Wilsonthey know if they dont, someone will.11/25/2014 - 8:40pm
Sora-ChanIt's a HBO show, which to be honest, considering it's HBO, it's actually surprising they even put any up on youtube.11/25/2014 - 8:36pm
Andrew EisenI imagine they hope the clips they do host (some of which are rather long) are enough to entice viewers to watch the show on whatever channel it airs on.11/25/2014 - 5:54pm
MaskedPixelanteIt's odd that these videos are missing from the official Last Week Tonight page.11/25/2014 - 5:51pm
Andrew EisenRelevant or not, the guy's pretty darn entertaining.11/25/2014 - 4:58pm
WonderkarpJohn Oliver : Corporations On Twitter https://www.youtube.com/watch?v=rG_7xur1iRc I feel like this is relevent11/25/2014 - 4:53pm
WonderkarpBurt Macklin, Anthropologist. I look forward to Jurassic Parks and Recreation.11/25/2014 - 4:36pm
Andrew EisenYep.11/25/2014 - 4:16pm
E. Zachary KnightDid Jaws 3 take place in a theme park?11/25/2014 - 4:14pm
Andrew EisenHey, they're remaking Jaws 3. Sweet! https://www.youtube.com/watch?v=RFinNxS5KN411/25/2014 - 3:22pm
MaskedPixelantehttp://www.joystiq.com/2014/11/25/sony-to-refund-vita-customers-in-ftc-settlement-over-false-ads/ Sony is offering a refund to Vita owners who fell for their false advertising during the Vita launch.11/25/2014 - 2:49pm
Matthew Wilsondoes not shock me. people have been representing this as right vs left, but in truth its more like left vs even more left. better put is social libertarianism vs liberal moralism.11/25/2014 - 2:36pm
WonderkarpOfficial Occupy WallStreet Twitter Supports GamerGate https://twitter.com/OccupyWallSt/status/536928387869474818 heh11/25/2014 - 2:11pm
Matthew WilsonI saw that given that the gc adapters have been sold out everywhere, I thought it was higher.11/25/2014 - 11:49am
MaskedPixelantehttp://www.joystiq.com/2014/11/25/smash-bros-sells-over-490k-on-wii-u-in-three-days/ Some good Nintendo news for a change.11/25/2014 - 11:48am
ZippyDSMleehttp://www.escapistmagazine.com/forums/read/7.865821-Irrational-Games-Rises-From-The-Dead-is-Hiring-Again11/25/2014 - 10:20am
 

Be Heard - Contact Your Politician