As the year draws to a close, EFF is looking back at the major trends influencing digital rights in 2011 and discussing where we are in the fight for a free expression, innovation, fair use, and privacy.
The government has been using its secrecy system in absurd ways for decades, but 2011 was particularly egregious. Here are a few examples:
- Government report concludes the government classified 77 million documents in 2010, a 40% increase on the year before. The number of people with security clearances exceeded 4.2. million, more people than the city of Los Angeles.
- Government tells Air Force families, including their kids, it's illegal to read WikiLeaks. The month before, the Air Force barred its service members fighting abroad from reading the New York Times--the country's Paper of Record.
- Lawyers for Guantanamo detainees were barred from reading the WikiLeaks Guantanamo files, despite their contents being plastered on the front page of the New York Times.
- President Obama refuses to say the words "drone" or "C.I.A" despite the C.I.A. drone program being on the front pages of the nation's newspapers every day.
- CIA refuses to release even a single passage from its center studying global warming, claiming it would damage national security. As Secrecy News' Steven Aftergood said, "That's a familiar song, and it became tiresome long ago."
- The CIA demands former FBI agent Ali Soufan censor his book criticizing the CIA's post 9/11 interrogation tactics of terrorism suspects. Much of the material, according to the New York Times, "has previously been disclosed in open Congressional hearings, the report of the national commission on 9/11 and even the 2007 memoir of George J. Tenet, the former C.I.A. director."
- Department of Homeland Security has become so bloated with secrecy that even the "office's budget, including how many employees and contractors it has, is classified," according to the Center for Investigative reporting. Yet their intelligence reports "produce almost nothing you can't find on Google," said a former undersecretary.
- Headline from the Wall Street Journal in September: "Anonymous US officials push open government."
- NSA declassified a 200 year old report which they said demonstrated its "commitment to meeting the requirements" of President Obama's transparency agenda. Unfortunately, the document "had not met the government's own standards for classification in the first place," according to J. William Leonard, former classification czar.
- Government finally declassifies the Pentagon Papers 40 years after they appeared on the front page of the New York Times and were published by the House's Armed Services Committee.
- Secrecy expert Steve Aftergood concludes after two years "An Obama Administration initiative to curb overclassification of national security information"¦ has produced no known results to date."
- President Obama accepts a transparency award"¦behind closed doors.
- Government attorneys insist in court they can censor a book which was already published and freely available online.
- Department of Justice refuses to release its interpretation of section 215 of the Patriot Act, a public law.
- U.S. refuses to release its legal justification for killing an American citizen abroad without a trial, despite announcing the killing in a press conference.
- U.S. won't declassify legal opinion on 2001's illegal warrantless wiretapping program.
- National Archive announced it was working on declassifying "a backlog of nearly 400 million pages of material that should have been declassified a long time ago."
- The CIA refused to declassify Open Source Works, "which is the CIA's in-house open source analysis component, is devoted to intelligence analysis of unclassified, open source information" according to Steve Aftergood.
The ACLU said it sued the State Department in part to show the "absurdity of the US secrecy regime." Mission accomplished.
- The ACLU sued asking the State Department to declassify 23 cables out of the more than 250,000 released by WikiLeaks. After more than a year, the government withheld 12 in their entirety. You can see the other 11, heavily redacted, next to the unredacted copies on the ACLU website.