Deeplinks Blog posts about Transparency
When Congress passed the USA FREEDOM Act in 2015 as part of the country’s reckoning with the post-9/11 surveillance state, comparably little attention was paid to amendments the law made to national security letters (NSLs). At the time, EFF said that these changes stopped far short of the NSL reform we’d hoped for, and we predicted only superficial improvements in how the FBI issues NSLs. In 2016, we saw how these changes played out in real cases—some involving EFF clients—and it looks as if our assessment was appropriately measured. Overall, the revised law has allowed for the FBI to engage in selective transparency about NSLs on a modest scale, all the while seeking to expand the scope of NSLs and stand in the way of independent oversight.
Year after year, federal agencies worked behind the scenes to thwart any attempt to reform the Freedom of Information Act (FOIA). In 2016, Congress finally came through and successfully amended the 50-year-old transparency statute with the goal of improving our ability to oversee our government.
For FOIA’s golden anniversary, EFF and other transparency advocates were hoping for a comprehensive set of reforms (our wishlist is here). Although what Congress ultimately passed wasn’t half as robust, the FOIA Improvement Act of 2016 represents some of the most pronounced changes to the law in roughly a decade.
The biggest change: “the presumption of disclosure.”
Year after year, federal agencies worked behind the scenes to thwart any attempt to reform the Freedom of Information Act (FOIA). In 2016, Congress finally came through and successfully amended the 50-year-old transparency statute with the goal of improving our ability to oversee our government.
For FOIA’s golden anniversary, EFF and other transparency advocates were hoping for a comprehensive set of reforms (our wishlist is here). Although what Congress ultimately passed wasn’t half as robust, the FOIA Improvement Act of 2016 represents some of the most pronounced changes to the law in roughly a decade.
The biggest change: “the presumption of disclosure.”
As we approach the end of 2016, it’s disturbing to note the wide variety of ways in which government transparency has languished—even under an administration rhetorically committed to it. With the next administration poised to even further extend executive secrecy, it becomes ever more crucial for the courts and Congress to aggressively seek meaningful answers to questions for which the public deserves an answer.
Below are EFF's top 5 threats to transparency in 2016:
1) War on Whistleblowers
In 2016 we won one battle in the fight for the Open Internet – but several others are well underway and we expect Team Internet will have to mobilize once again to protect our gains and prevent further efforts to undermine network neutrality.
Almost two years ago, thanks in large part to a massive mobilization of Internet users, the Federal Communications Commission (FCC) finally issued an Open Internet Order to protect net neutrality. While far from perfect, the new Order was on strong legal footing, with some limits in place to help prevent FCC overreach. Before the year was out, however, the battle for the Internet moved to the courts, as broadband providers tried to get a judge to derail the new rules. After months of wrangling, in June 2016 a federal appeals court instead approved the Order – a crucial win for Team Internet.
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