Thirty-six groups have signed on to fight to force the CIA to repeal new regulations which charge the public outrageous fees for the opportunity to challenge its secrecy claims. The fees, which can run requesters up to $72 per hour even if no information is found or released, effectively cut off access to a system that researchers, historians, public interest advocates and others have used successfully to challenge the CIA’s extreme secrecy — the Mandatory Declassification Review process. For background of how –and why (to evade accountability)– the Agency did this, see here.
Below is the text of the letter which was sent to the Director of National Intelligence, James Clapper; the Director of the Central Intelligence Agency, David Petraeus; and the Director of the Information Security Oversight Office, John Fitzpatrick.
The thirty-six groups who signed on represent an extremely wide swath of powerful advocates. The CIA’s covert attack is not so covert any more. The groups are:
American Association of Law Libraries
American Booksellers Foundation for Free Expression
American Library Association
Bill of Rights Defense Committee
Brennan Center for Justice
Californians Aware
Center for Media and Democracy
Center for National Security Studies
Citizens for Responsibility and Ethics in Washington – CREW
Collaboration on Government Secrecy
The Constitution Project
Electronic Frontier Foundation – EFF
Electronic Privacy Information Center – EPIC
Federation of American Scientists
Freedom of Information Center at the Missouri School of Journalism
iSolon.org
James Madison Project
Liberty Coalition
MuckRock
National Coalition Against Censorship
National Coalition for History
National Freedom of Information Coalition
National Security Archive
National Security Counselors
OMB Watch
OpenTheGovernment.org
Project On Government Oversight – POGO
Progressive Librarians Guild
Public Citizen
Reporters Committee for Freedom of the Press
Society of American Archivists
Society of Professional Journalists
Special Libraries Association
Sunlight Foundation
Utah Foundation for Open Government
Washington Coalition for Open Government
There is also an online petition for individuals that oppose this regulation to sign here.
And at the same time that this coalition is using political and bureaucratic pressure to roll back this reg, Kel McClanahan at National Security Counselors has dropped a class action lawsuit to thwart this regulation –and other violations– in the courts. (More info on this lawsuit here.)
So what’s next?
The Obama administration could probably fix this problem with one phone call to the Agency. After all, the President would look extremely hypocritical this April if he traveled to the Open Government Partnership annual meeting in Brasilia, Brazil and was asked why his administration allowed this extreme step back for transparent government to occur during its watch.
The CIA’s action also certainly merits Congressional investigation. The Senate Judiciary Committee and House Committee on Oversight and Government Reform have strong records of protecting citizen’s access to government information. Senators Leahy, Cornyn, and Grassley –longtime advocates for the public’s right to know– will be quick to recognize the impropriety of this CIA action. Do your representatives fight for your ability to access information? Give them a call or sent them a letter.
Finally, there’s a lever that the Director of the Information and Security Oversight Office, John Fitzpatrick, could pull. President Obama’s Executive Order on Classification (13526) states in section 6.2(c) that, “The Attorney General, upon request by the head of an agency or the Director of the Information Security Oversight Office, shall render an interpretation of this order with respect to any question arising in the course of its administration.” Fitzpatrick has the power to ask Attorney General Holder to render an interpretation regarding whether or not the CIA can charge up to $72 for MDR searches (not to mention $15 for printing just one piece of paper). Count two of the National Security Counselors’ complaint seems to make it pretty clear that what the CIA did was illegal… I wonder what the AG would think.
The fight goes on. And the Agency no longer has the advantage of surprise.
