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

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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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DocMelonheadWhich is why I find him/her to be annoying as hell.05/30/2015 - 12:34pm
ConsterIP raises valid points sometimes, but they're drowned out by his "REPENT, SINNER!" attitude.05/30/2015 - 12:32pm
DocMelonheadOne of them were friend of those who got harassed by GameGate; another feel that GamerGate made it worst for people like her.05/30/2015 - 12:19pm
DocMelonheadI met several people at Boing Boing who have their own personal grude against them;05/30/2015 - 12:16pm
DocMelonheadSo, the question is this Iron Patriot, WHAT'S YOUR BEEF AGAINST GAMERGATE?05/30/2015 - 12:15pm
DocMelonheadThat's why many Anti-GG here see you as an ASSHOLE.05/30/2015 - 12:09pm
DocMelonheadSo in other words, You failed to keep a decent disscusion and proceed to talk down on those who argues against you.05/30/2015 - 12:08pm
DocMelonheadBut that's the thing, all you said that GamerGate is NOTHING BUT HARASSMENT AND VICTIM BLAMING05/30/2015 - 12:07pm
DocMelonheadAlso, IP you're no better than GamerGate; and yes, it ENABLE death threats, but not encourage them.05/30/2015 - 12:06pm
DocMelonheadSo who agree that the report buttion should be put back up.05/30/2015 - 12:05pm
DocMelonheadalso We all agree that you're annoy as fuck IP05/30/2015 - 12:05pm
DocMelonheadGoth Skunk never gone victim blaming05/30/2015 - 12:04pm
DocMelonheadHarassment=Bullying.05/30/2015 - 12:01pm
IronPatriotBecause gamergate death threats, rape threats and doxxing are SO SIMILAR to pointing out the facts and logical failings of gamergate.05/30/2015 - 11:29am
IronPatriotLet's see. Gamergate sends death and rape threats against innocent women, and goth skunk blames the victims for getting harrassed. I point out gamergate harrassment and victim-blaming, and the pro-gamergaters squeal that they have been harassed? LOL!05/30/2015 - 11:28am
WonderkarpAs a life long X-Men fan, I cant tell you how much this annoys me http://www.ign.com/articles/2015/05/30/between-the-panels-marvels-merchandising-problem05/30/2015 - 10:23am
MechaCrashOh, no, I totally agree with you that Iron is being a jerk and needs to stop, but isn't the usual GG suggesstion for harassment "just ignore it, grow a thicker skin, don't report it"?05/30/2015 - 9:22am
Conster...and even the more stubborn and annoying ones are downright pleasant when compared to IronPatriot's behavior. His behavior is harassment regardless of whether it's aimed at pro-GG or anti-GG people, and it has to stop.05/30/2015 - 8:55am
ConsterMechaCrash: is this about Goth_Skunk's complaint against IronPatriot? Because while I'm anti-GG and strongly disagree with a lot of the stuff the pro-GG people on here say, most of them disapprove of harassment, even if it's 'in the name of GamerGate'...05/30/2015 - 8:55am
MechaCrashMan, some people are just...so immune to noticing irony, you know? The mind boggles.05/30/2015 - 8:35am
 

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