Secrecy News -- 07/31/12

Tue Jul 31 07:27:11 PDT 2012

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SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2012, Issue No. 77
July 31, 2012

Secrecy News Blog:  http://www.fas.org/blog/secrecy/

**     ANTI-LEAK MEASURES IN SENATE BILL TARGET PRESS, PUBLIC
**     TRADE WITH SUB-SAHARAN AFRICA, AND MORE FROM CRS

ANTI-LEAK MEASURES IN SENATE BILL TARGET PRESS, PUBLIC

The Senate Intelligence Committee markup of the FY2013 Intelligence
Authorization Act, which was officially filed yesterday, devotes an entire
title including twelve separate provisions to the issue of unauthorized
disclosures of classified information, or leaks.

But several of those provisions aim to disrupt the flow of unclassified
information to the press and the public rather than to stop leaks of
classified information.

As reported in the Washington Post today, one of the proposed measures
(section 506 of the bill) would dictate that only agency leaders could
present background briefings to the press.  Other agency personnel, such as
intelligence analysts, would be barred from providing any background
information to the press, even when such information is unclassified.

Background briefings are essential "because they help journalists
understand the full context of a story, get key details right, and ensure
that individuals or the United States as a whole will not be harmed by the
publication of incorrect information," according to the Sunshine in
Government Initiative, a press advocacy coalition.

Questioned by the Post, Senate Intelligence Committee chair Sen. Dianne
Feinstein acknowledged that she had no evidence that such briefings, which
are prized by reporters as valuable sources of information, had contributed
to unauthorized disclosures.  And yet they would be forbidden.

See "Anti-leak measure targets background briefings" by Greg Miller,
Washington Post, July 31:

	http://wapo.st/R3HKmo

Other provisions in the new bill were also roundly criticized by public
interest groups concerned with access to government information.

A provision to prevent former government officials from providing paid
commentary to news media outlets on intelligence matters is very likely
unconstitutional, said Kate Martin of the Center for National Security
Studies in a new analysis of the bill.

"The over-breadth of this provision in prohibiting commentary and analysis
even when no classified information is disclosed would violate the First
Amendment," Ms. Martin wrote. "Indeed the provision seems drafted in order
to chill public discussion of information that is not classified rather
than being narrowly tailored to simply target disclosures of classified
information."

	http://www.fas.org/sgp/news/2012/07/cnss073012.pdf

Another provision (in section 511) would grant intelligence agency heads
the authority to unilaterally revoke the pension of an employee if the
agency head "determines" that the employee has violated his or her
non-disclosure obligations.

This section "would give intelligence agency heads nearly unrestrained
discretion to suppress speech critical of the intelligence community-- even
after an employee has resigned or retired from an intelligence agency-- and
to retaliate against disfavored employees or pensioners, including
whistleblowers," wrote the Project on Government Oversight and several
other public interest organizations in an open letter to the Senate
Committee yesterday.

	http://www.fas.org/sgp/news/2012/07/anti-speech.pdf

Fundamentally, the Senate bill "changes the relationship between the press
and the federal government," according to the Sunshine in Government
Initiative.

Drafted in secret and without the benefit of any public hearing, the
Senate bill includes provisions that are "crude and dangerous," the
Washington Post editorialized today.  See "A bill to stop security leaks
puts a plug on democracy," July 31:

	http://wapo.st/T1WxfQ

The bill was approved by the Senate Intelligence Committee by a vote of 14
to 1, with Sen. Ron Wyden in opposition.  The text of the bill is here:

	http://www.fas.org/irp/congress/2012_cr/s3454.pdf

The accompanying Committee report including commentary on each provision
and Sen. Wyden's dissent may be found here:

	http://www.fas.org/irp/congress/2012_rpt/srpt112-192.pdf

TRADE WITH SUB-SAHARAN AFRICA, AND MORE FROM CRS

Newly updated reports from the Congressional Research Service that
Congress has not authorized for broad public distribution include the
following.

U.S. Trade and Investment Relationship with Sub-Saharan Africa: The
African Growth and Opportunity Act and Beyond, June 26, 2012:

	http://www.fas.org/sgp/crs/row/RL31772.pdf

The Global Climate Change Initiative (GCCI): Budget Authority and Request,
FY2010-FY2013, July 27, 2012:

	http://www.fas.org/sgp/crs/misc/R41845.pdf

Navy Force Structure and Shipbuilding Plans: Background and Issues for
Congress, July 26, 2012:

	http://www.fas.org/sgp/crs/weapons/RL32665.pdf

Housing for Persons Living with HIV/AIDS, July 3, 2012:

	http://www.fas.org/sgp/crs/misc/RL34318.pdf

Federal Pollution Control Laws: How Are They Enforced?, July 7, 2012:

	http://www.fas.org/sgp/crs/misc/RL34384.pdf

Cuba: Issues for the 112th Congress, July 20, 2012:

	http://www.fas.org/sgp/crs/row/R41617.pdf

_______________________________________________
Secrecy News is written by Steven Aftergood and published by the
Federation of American Scientists.

The Secrecy News Blog is at:
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_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web:    www.fas.org/sgp/index.html
email:  saftergood at fas.org
voice:  (202) 454-4691
twitter: @saftergood

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