How Does the Freedom of Information Act Affect Government Transparency?

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Discussion Overview

The discussion centers on the implications of the Freedom of Information Act (FOIA) for government transparency, particularly in the context of a lawsuit filed by The New York Times against the U.S. Defense Department regarding the National Security Agency's domestic spying program. The scope includes legal, procedural, and ethical considerations surrounding public access to government documents.

Discussion Character

  • Debate/contested
  • Technical explanation
  • Conceptual clarification

Main Points Raised

  • Some participants note that the FOIA allows any public entity to request documents from federal agencies, which are mandated to comply with such requests.
  • Others highlight that there are nine exemptions under the FOIA, with the President having the authority to classify information as off-limits for national security reasons, which complicates transparency.
  • A participant mentions the Privacy Act as a related statute that provides individuals rights concerning their personal records held by the government.
  • There is a suggestion that the current climate of concern about NSA spying has led to an increase in FOIA requests.
  • Some participants express skepticism about the government's compliance with FOIA requests, implying that agencies may hinder the process.

Areas of Agreement / Disagreement

Participants express differing views on the effectiveness of the FOIA in promoting transparency, with some emphasizing its limitations and others discussing its potential benefits. The discussion remains unresolved regarding the overall impact of the FOIA on government accountability.

Contextual Notes

The discussion reflects varying interpretations of the FOIA's provisions and the implications of its exemptions, as well as the relationship between the FOIA and the Privacy Act. Specific legal interpretations and outcomes of the ongoing lawsuit are not addressed.

scott1
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NEW YORK (Reuters) - The New York Times sued the U.S. Defense Department on Monday demanding that it hand over documents about the National Security Agency's domestic spying program.
For the information it discolsed(I thought they disclosed it)
http://news.yahoo.com/s/nm/security_nsa_nytimes_dc
https://www.physicsforums.com/showthread.php?t=104278
 
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They really do think that they have the same authority as the government.
The government should be wiretapping them.
I don't follow... :confused:
 
Hurkyl said:
I don't follow... :confused:
Nevermind I'll edit that...
 
scott1 said:
Nevermind I'll edit that...

Why the edit? I am sure that the govenment is wiretapping the NYT.
 
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Per the article in the OP:

The Times had requested the documents in December under the Freedom of Information Act but sued upon being unsatisfied with the Pentagon's response that the request was "being processed as quickly as possible," according to the six-page suit filed at federal court in New York.
Public documents may be requested under the Freedom of Information Act by any public entity--an individual, corporation, organization, association, etc. At this time there are a flood of requests due to concern about NSA spying. In the case of the NYT, reporters made the request for research purposes.

The Freedom of Information Act (1966), for one, explicitly applies only to federal government agencies. These agencies are under several mandates to comply with public solicitation of information. Along with making public and accessible all bureaucratic and technical procedure for applying for documents from that agency, agencies are also subject to penalties for hindering the process of a petition for information.

However, there are nine exemptions...in all cases, the President has unlimited power in declaring something off-limits or necessarily classified in the concern of national safety. This loophole has presented numerous problems for individuals seeking information under the FOIA.

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The Privacy Act (1974) is, summarily, a similar act regulating government control of documents which concern a citizen. It gives one “ (1) the right to see records about [one]self, subject to the Privacy Act's exemptions, (2) the right to amend that record if it is inaccurate, irrelevant, untimely, or incomplete, and (3) the right to sue the government for violations of the statute including permitting others to see [one’s] records unless specifically permitted by the Act.” [V] In conjunction with the FOIA, the PA is used to further the rights of an individual gaining access to information held by the government.
http://en.wikipedia.org/wiki/Freedom_of_information_act

It will be interesting to see the outcome of the various requests and/or suits.
 

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