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SECRECY NEWS
from the FAS Project on Govrnment Secrecy
Volume 2004, Issue No. 60
June 30, 2004


COURT BLASTS "FRIVOLOUS" WITHHOLDING OF INFO BY FBI, TSA

In a ruling that exemplifies how the Freedom of Information Act is supposed to work, a federal judge found that government agencies had made "frivolous claims" that their information was exempt from disclosure.

Judge Charles R. Breyer of the northern district of California ruled two weeks ago that the Federal Bureau of Investigation and the Transportation Security Administration had improperly withheld information that had been requested under the FOIA regarding "no fly" lists that restrict airline travel by certain persons.

The lawsuit was brought by two such persons and the ACLU of Northern California.

In a finding of potentially broad policy significance, the judge ruled that the agencies had repeatedly and improperly categorized "innocuous" information as "sensitive security information" (SSI) that is statutorily exempt from FOIA.

Some of the information that the agencies tried to withhold "is by no means sensitive security information; rather, it is common sense and widely known. Defendants have offered no justification for withholding such innocuous information."

See Judge Breyer's June 15 ruling here: www.fas.org/sgp/jud/gordon.pdf

Although this case provides tangible evidence that government agencies are carelessly abusing their authority to withhold information as "sensitive security information," Congress is on the verge of expanding that authority to restrict even more information as SSI without providing any new checks or oversight.

Thus, a provision in a pending Senate transportation bill would expand the application of SSI controls to the entire transportation infrastructure and would override any state or local requirements to disclose information. The provision was first noted by the Society of Environmental Journalists (www.sej.org) in their Watchdog TipSheet.

See "Highway bill's secrecy rules spark public-safety debate" by James Bruggers, Louisville Courier-Journal, June 27: tinyurl.com/2k3wm