(forwarded from dano)
In case you hadn't already seen this report from the Federation of
American Scientists. By the way, they keep a very close watch on the
secrecy fetish.
PROPOSED FOIA EXEMPTION FOR SAT IMAGERY THREATENS ACCESS
A proposed Freedom of Information Act exemption for commercial satellite
imagery would severely restrict public access to a broad swath of
unclassified government information.
The proposed exemption, already approved in the Senate, awaits
consideration this month in a House-Senate conference committee.
The text of the measure, entitled "Nondisclosure of Certain Products of
Commercial Satellite Operations," is here:
http://www.fas.org/sgp/congress/2004/s2400-imagery.html
Almost every clause of the proposed exemption embodies notable hostility
to the conventions of open government and public access to government
information.
Thus, the exemption would apply not only to commercial satellite images
acquired by the government, but would also broadly exclude "any... other
product that is derived from such data."
This means that maps, reports, and any other unclassified government
analyses or communications that are in some way "derived from" a
commercial satellite image would become inaccessible through FOIA.
Not only that, but "any State or local law relating to the disclosure of
information or records" would be preempted and nullified when it comes
to imagery or imagery-derived information.
And more: the provision would not merely "exempt" all of this
information, but would positively "prohibit" its disclosure. Government
officials would be barred from releasing it under FOIA even if they
wanted to.
"The use of remote sensing imagery has become a routine and important
part of newsgathering, facilitating more compelling news coverage,"
wrote Barbara Cochran of the Radio-Television News Directors Association
(RTNDA), an advocate for news media use of commercial satellite imagery,
in a letter to Congress last week.
"The usefulness of such imagery in covering wars, refugees, disasters,
genocides, illicit weapons, etc. is readily apparent."
But the proposed FOIA exemption would threaten this function, she
argued.
"In essence, this new FOIA exemption would result in taxpayer dollars
being used to preclude the media from adequately informing the public
about matters of critical importance that in no way implicate the
national security."
"For example, imagery of genocide or disaster sites, which the
government may have obtained, may be denied to journalists investigating
how the government responded to these calamities."
"Congress should not undermine the public's interest in knowing what its
government is up to in its quest to protect the nation," she urged.
See her September 3, 2004 letter to the House Armed Services
Committee:
http://www.fas.org/sgp/news/2004/09/rtnda090304.html
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