The Shortcomings of Transparency for Democracy

2020 ◽  
Vol 64 (11) ◽  
pp. 1670-1678
Author(s):  
Michael Schudson
Keyword(s):  
National Security ◽  
Public Information ◽  
Freedom Of Information ◽  
Government Information ◽  
Personal Privacy ◽  
Freedom Of Information Act ◽  
Government Officials ◽  
Information Transparency ◽  
Democratic Government ◽  
The U.S

“Transparency” has become a widely recognized, even taken for granted, value in contemporary democracies, but this has been true only since the 1970s. For all of the obvious virtues of transparency for democracy, they have not always been recognized or they have been recognized, as in the U.S. Freedom of Information Act of 1966, with significant qualifications. This essay catalogs important shortcomings of transparency for democracy, as when it clashes with national security, personal privacy, and the importance of maintaining the capacity of government officials to talk frankly with one another without fear that half-formulated ideas, thoughts, and proposals will become public. And when government information becomes public, that does not make it equally available to all—publicity is not in itself democratic, as public information (as in open legislative committee hearings) is more readily accessed by empowered groups with lobbyists able to attend and monitor the provision of the information. Transparency is an element in democratic government, but it is by no means a perfect emblem of democracy.

scholarly journals Where do FOIA responses live? Electronic Reading Rooms and web sources

2019 ◽  
Vol 80 (1) ◽  
pp. 42
Author(s):  
Lisa DeLuca
Keyword(s):  
National Security ◽  
Executive Branch ◽  
Freedom Of Information ◽  
Government Information ◽  
Personal Privacy ◽  
Freedom Of Information Act ◽  
Electronic Reading ◽  
Google Search ◽  
The U.S

The Freedom of Information Act, FOIA (5 U.S.C. 552), generally provides any person with the statutory right, enforceable in court, to obtain access to government information in executive branch agency records. FOIA does not apply to the judicial or legislative branches of the U.S. government. This right to access is limited when information is protected from disclosure by one of FOIA’s nine statutory exemptions and exclusions.The “Electronic Freedom of Information Act Amendments of 1996” required that agencies needed to make eligible records available electronically. As a result, there are dozens of FOIA Libraries and Electronic Reading Rooms that are repositories for responses to agency FOIA requests. These documents are also known as responsive documents. Documents are often posted by agencies with redactions to protect personal privacy, national security, and other FOIA exemptions and exclusions. It is important for researchers, journalists, and citizens to use the terms “FOIA Libraries” and “Electronic Reading Rooms” as part of their search terminology. This will ensure they can find documents that might not be findable through a regular Google search.

U.S. Freedom of Information Act and Democratic Accountability

2020 ◽  
Author(s):  
Michael Schudson
Keyword(s):  
News Media ◽  
Freedom Of Information ◽  
Democratic Accountability ◽  
Personal Privacy ◽  
Freedom Of Information Act ◽  
Cultural Shift ◽  
The Public ◽  
Information Law ◽  
Relationship Of ◽  
The U.S

In the 1950s and 1960s, the U.S. Congress, with allies in the news media, created legislation that came to be known as the Freedom of Information Act (FOIA). It was designed to help hold the federal executive accountable to the public. It became law in 1966. Its significance can be understood in several contexts: (1) in connection with a special relationship of journalists to the operation of the FOIA; (2) in terms of arguments that transparency in government is necessary for citizens’ informed participation in democracy and that, on the other side, there are strong democratic arguments that transparency should be limited in the pursuit of other legitimate values, some of them recognized in the language of the FOIA itself that government agencies may deny a citizen's request for information on the grounds that honoring the request could endanger national security, personal privacy, the integrity of internal government deliberations, or other significant objectives; and (3) that freedom of information law are one institution within a wider web of institutions and practices dedicated to holding government accountable. In this regard, the U.S. Freedom of Information Act can also be seen in a broad context of a cultural shift toward “openness” and a political shift toward what has been called a “monitory” model of democracy.

Presidential Privilege and the Freedom of Information Act

2019 ◽  
Author(s):  
Kevin M. Baron
Keyword(s):  
Social Learning ◽  
Historical Analysis ◽  
Public Information ◽  
Executive Branch ◽  
Executive Power ◽  
Power Dynamics ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Contemporary Politics ◽  
Government Secrecy

Executive privilege (EP) as a political tool has created a grey area of constitutional power between the legislative and executive branches. By focusing on the post-WWII political usage of executive privilege, this research utilizes a social learning perspective to examine the power dynamics between Congress and the president when it comes to government secrecy and public information. Social learning provides the framework to understand how the Cold War's creation of the modern American security state led to a paradigm shift in the executive branch. This shift altered the politics of the presidency and impacted relations with Congress through extensive use of EP and denial of congressional requests for information. When viewed through a social learning lens, the institutional politics surrounding the development of the Freedom of Information Act is intricately entwined with EP as a political power struggle of action-reaction between the executive and legislative branches. Using extensive archival research, this historical analysis examines the politics surrounding the modern use of executive privilege from Truman through Nixon as an action-reaction of checks on power from the president and Congress, where each learns and responds based on the others previous actions. The use of executive privilege led to the Freedom of Information Act showing how policy can serve as a congressional check on executive power, and how the politics surrounding this issue influence contemporary politics.

Government Officials, Academics, and the Process of Formulating U.S. National Security Policy Toward Africa

1990 ◽  
Vol 19 (1) ◽  
pp. 5-20
Author(s):  
Larry W. Bowman
Keyword(s):  
Foreign Policy ◽  
National Security ◽  
Policy Making ◽  
Security Policy ◽  
Phone Call ◽  
Government Officials ◽  
Policy Issues ◽  
The Government ◽  
Research Contract ◽  
The U.S

Relationships between U.S. government officials and academic specialists working on national security and foreign policy issues with respect to Africa are many and complex. They can be as informal as a phone call or passing conversation or as formalized as a consulting arrangement or research contract. Many contacts exist and there is no doubt that many in both government and the academy value these ties. There have been, however, ongoing controversies about what settings and what topics are appropriate to the government/academic interchange. National security and foreign policy-making in the U.S. is an extremely diffuse process.

scholarly journals Copyright Policymaking as Procedural Democratic Process: A Discourse Theoretic Perspective on ACTA, SOPA, and PIPA

2016 ◽  
Author(s):  
Annemarie Bridy
Keyword(s):  
National Security ◽  
Foreign Relations ◽  
Trade Agreement ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
The Public ◽  
Law Faculty ◽  
College Of Law ◽  
Security Information ◽  
University Of Idaho

In Bring in the Nerds: Secrecy, National Security, and the Creation of Intellectual Property Law, David Levine juxtaposes two starkly different copyright policymaking processes: the closed international process that produced the Anti-Counterfeiting Trade Agreement (ACTA) and the relatively open domestic process that led quite dramatically to the scuttling of the Stop Online Piracy Act (SOPA) and the PROTECT IP Act (PIPA). He reads the two processes against each other as a prelude to recommending Freedom of Information Act (FOIA) reform. The amendment to FOIA that Professor Levine proposes would open the international IP policymaking process to greater public scrutiny by creating a qualified public right to "foreign relations" national security information, which was systematically withheld from the public during the ACTA negotiations. This article, prepared for the Cardozo Arts and Entertainment Law Journal's 2012 Symposium, "Piracy and the Politics of Policing: Legislating and Enforcing Copyright Law," is a response to Professor Levine that draws on Jürgen Habermas' discourse theory of procedural democracy to examine the policymaking dynamics of ACTA and SOPA/PIPA and to assess the democracy-enhancing potential of the FOIA reform Professor Levine proposes.Annemarie BridyProfessor<http://www.uidaho.edu/law/faculty/annemariebridy>|University of Idaho College of Law|PO Box 83720-0051|Boise, ID 83720|Ph. 208.364.4583Affiliate Scholar<https://cyberlaw.stanford.edu/about/people/annemarie-bridy>|Stanford Center for Internet and SocietyAffiliate Fellow<http://isp.yale.edu/people-directory?type=19>|Yale Information Society ProjectSSRN<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=630766>|HeinOnline<http://heinonline.org/HOL/AuthorProfile?collection=journals&search_name=Bridy,%20Annemarie&base=js>|LinkedIn<https://www.linkedin.com/in/annemariebridy>|Twitter<https://twitter.com/AnnemarieBridy>

Does the Freedom of Information Act Foil the Securities and Exchange Commission’s Intent to Keep Investigations Confidential?

2020 ◽  
Author(s):  
Braiden Coleman ◽  
Kenneth Merkley ◽  
Brian Miller ◽  
Joseph Pacelli
Keyword(s):  
Abnormal Returns ◽  
Securities And Exchange Commission ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Information Transparency ◽  
Public Signal

The Securities and Exchange Commission (SEC) has a long-standing policy to keep formal investigations confidential. In this study, we examine the extent to which compliance with the Freedom of Information Act (FOIA) provides investors with information about ongoing SEC investigations. We exploit a unique empirical setting whereby the SEC denies FOIA requests because of ongoing enforcement proceedings (hereafter, exemption denials). We find that exemption denials predict a substantial number of ongoing and future SEC investigations. Exemption denials are also associated with significant negative future abnormal returns, which is consistent with exemption denials providing a noisy public signal that allows certain sophisticated investors to earn future abnormal returns. Overall, our findings suggest that information transparency laws such as FOIA have the potential to limit the SEC’s ability to maintain effective and confidential investigations. This paper was accepted by Brian Bushee, accounting.

scholarly journals Individuals’ Use of Twitter to Discuss Freedom of Information in the United States: A Social Network Analysis

2019 ◽  
Vol 1 (2) ◽  
pp. 45-59
Author(s):  
Kayla Schwoerer
Keyword(s):  
Social Media ◽  
Social Network ◽  
Social Network Analysis ◽  
Network Analysis ◽  
The United States ◽  
Freedom Of Information ◽  
Public Agencies ◽  
Freedom Of Information Act ◽  
Advocacy Organizations ◽  
The U.S

This study employs social network analysis to examine more than 10,000 Twitter interactions that include the U.S. Freedom of Information Act hashtag (#FOIA) to understand who is engaging online, and to what extent. The analysis finds evidence of a dynamic conversation online among citizens, journalists, advocates, and public agencies. Findings offer insights into how citizens are using social media to engage with government and one another in conversations around important public policies, such as government transparency, as well as how technologies such as social media can be leveraged to better understand citizens’ interest. The study also found a significant increase in tweets during national Sunshine Week, a vehicle that increases national dialogue about FOI, and highlights effective social media strategies employed by MuckRock and other advocacy organizations.

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