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Paul Merrell

Federal watchdogs complain of access woes - POLITICO.com - 0 views

  • A group of 47 official federal agency watchdogs sent a rare joint letter to Congress on Tuesday complaining that management at some agencies has delayed or denied access to government records that the watchdogs believe they are legally entitled to see on demand. In the letter to the bipartisan leadership of major committees across Capitol Hill, the inspectors general complain that the access issues have impeded investigations and threaten the ability of the fraud-waste-and-abuse hunters to do their work. "Refusing, restricting, or delaying an Inspector General’s access to documents leads to incomplete, inaccurate, or significantly delayed findings or recommendations, which in turn may prevent the agency from promptly correcting serious problems and deprive Congress of timely information regarding the agency’s performance," the IGs wrote in their letter (posted here).
  • The letter was made public by Sen. Chuck Grassley (R-Iowa), who said he was troubled by the problems the IGs were facing. "This is an Administration that pledged to be the most transparent in history. Yet, these non-partisan, independent agency watchdogs say they are getting stonewalled.  How are the watchdogs supposed to be able to do their jobs without agency cooperation?" Grassley asked in a statement. "I’ll continue working with the committees of jurisdiction to fix the access problems, through oversight and possibly legislation.” While the signers of Tuesday's letter represent a large majority of IGs, not all the federal watchdogs signed on. At least 21 IGs appear to have passed on joining the letter. Some of those represent small agencies, and a few represent congressional branch agencies that may not face the same kinds of access issues. However, the non-signatories include several large Cabinet agencies.
  • The full list of those who did sign can be viewed here.
Paul Merrell

Watchdogs, Lapdogs and Attack Dogs | Washington Examiner - 0 views

  • Watchdogs, Lapdogs and Attack Dogs A four-part series by the Washington Examiner examining the state of the inspectors general.
  • Part Three: Bad things happen to whistleblowers when watchdogs become attack dogs By Mark Flatten | 12/03/14 05:00 AM A whistleblower tried to report wrongdoing to the Veterans Affairs IG — and faced retaliation from administrators. Read More…
  • Part Two: Temporary IGs subject to agency manipulators covering up waste By Mark Flatten | 12/02/14 05:00 AM Interim IGs have been accused of softening investigative reports under pressure from agency administrators Read More…
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  • Part One: IGs form front line of war on waste and fraud, but weak links remain By Mark Flatten | 12/01/14 05:00 AM Whistleblowers routinely say inspectors general failed to investigate their charges of wrongdoing. Read More…
  • Coming up Thursday: Few fixes available for problem IGs
Paul Merrell

CIA watchdog 'accidentally destroyed' copy of 'torture report' | TheHill - 0 views

  • The CIA’s inspector general has accidentally deleted its only copy of a controversial Senate report about the agency’s history of brutal interrogation techniques, opening a new front in the long battle over the document.Like many federal agencies across Washington, the spy agency watchdog was handed a copy of the Senate Intelligence Committee’s full, 6,700-page report about the CIA’s former methods shortly after it was completed. The full version of the report remains classified, however a 500-page executive summary was released to the public in late 2014.ADVERTISEMENTBut at some point last summer, both the electronic copy and a hard disk were destroyed, the watchdog told Congress.Sen. Dianne FeinsteinDianne FeinsteinCIA watchdog ‘accidentally destroyed’ copy of ‘torture report’ Overnight Energy: Senate rejects Iran measure, clearing way for energy spending bill Senate votes down Iran amendment to energy spending bill MORE (D-Calif.), the driving force behind the 2014 report, sent letters to the CIA and Justice Department on Friday confirming that the spy agency’s inspector general “has misplaced and/or accidentally destroyed” its copy of the report.According to Yahoo News, which first reported the development, the deletion was described as “inadvertent.”
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    Yes, it's just too easy to delete uncomfortable facts. Now if they'd just start making keyboards without a delete key ...
Paul Merrell

Hacked Emails Prove Coordination Between Clinton Campaign and Super PACs - 0 views

  • The fact that political candidates are closely coordinating with friendly Super PACs — making a mockery of a central tenet of the Supreme Court’s 2010 Citizens United decision — is one of the biggest open secrets in Washington. Super PACs are only allowed to accept unlimited contributions on the condition that the money is spent independently of specific campaigns. The Federal Election Commission hasn’t reacted for a variety of reasons, including a lack of hard evidence, vague rules, and a partisan divide among the commissioners so bitter they can’t even agree to investigate obvious crimes. But newly disclosed hacked campaign documents published by WikiLeaks and a hacker who calls himself Guccifer 2.0 reveal in stark terms how Hillary Clinton’s staffers made Super PACs an integral part of her presidential campaign.
  • The emails show consistent, repeated efforts by the Clinton campaign to collaborate with Super PACs on strategy, research, attacks on political adversaries and fundraising. The cache also reveal meetings between the campaign and Priorities USA Action, and that campaign officials have helped with the group’s fundraising. The files were apparently hacked from a variety of Clinton staffers and have been posted online in recent weeks by Wikileaks and Guccifer 2.0. Obama administration intelligence officials have alleged, without providing evidence, that the email hacks were conducted on behalf of the Russian government in an attempt to disrupt the U.S. elections.
  • Super PACs, known technically as “Independent Expenditure-Only Political Committees,” are a direct result of the Citizens United court decision. Justice Anthony Kennedy, the author of the decision, proclaimed that deregulating outside money would have no corrupting effect upon candidates because there would be strict firewalls between candidates and outside groups
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  • Correct the Record has long argued it could work directly with the Clinton campaign. When the group launched, it said it would only produce and distribute communications online, and that its work would therefore be exempt from FEC coordination rules. The Super PAC was recently the subject of a complaint filed with the Federal Elections Commission by the Campaign Legal Center, which called on regulators to investigate whether Clinton’s campaign has illegally coordinated with the group. The Campaign Legal Center, a nonpartisan watchdog organization, has also alleged that officials working for Donald Trump have similarly blurred the line between the campaign and one of its largest Super PACs, Make America Number 1, by employing common vendors. The Campaign Legal Center argued that Correct the Record has likely made “coordinated expenditures” that could be considered in-kind contributions to the Clinton campaign — such as its spending on “opposition research, message development, surrogate training, reporter pitches, media booking, video production, ‘rapid response’ press outreach, and other ‘earned media.’” “These documents affirm what we’ve been saying all along about Correct the Record,” said Brendan Fischer, an associate counsel at the Campaign Legal Center. “They are basically operating as an arm of the Clinton campaign.”
  • While Correct the Record has argued it is exempt from FEC rules, Clinton herself has said she does not work with Priorities USA Action. That Super PAC has spent millions of dollars on independent expenditures, including six-figure media advertising buys, to boost Clinton’s candidacy. The group has raised over $133 million through individual donations as large as $6 million. As other media outlets have reported, Marc Elias, the Clinton campaign attorney, provided a memo with guidance on how the campaign could solicit funds for Priorities USA Action. The memo notes that campaign staffers would have to use certain language when trying to raise money for the Super PAC:
  • Elias’s law firm, Perkins Coie LLP, has provided legal services to the Clinton campaign, Correct the Record and Priorities USA Action, making it a central node in the campaign infrastructure.
Paul Merrell

Watchdog: FBI Facial Recognition May Not Be Accurate - Nextgov.com - 0 views

  • The FBI doesn’t know exactly how accurate its facial recognition technology is, new watchdog report finds. The bureau's Next Generation Identification-Interstate Photo System, a database including more than 30 million photos of criminals, lets law enforcement match a surveillance camera photo to that of a known criminal by narrowing their identity to between two and 50 possible candidates. But the FBI hasn't ensured its facial recognition technology doesn’t “unnecessarily include photos of innocent people as investigative leads,” according to a new report from the Government Accountability Office. The NGI-IPS and the FBI’s "Facial Analysis, Comparison and Evaluation Services," or FACE, which accesses databases from other federal, state and local groups, were the subject of a recent audit.  Most photos in NGI-IPS are submitted from 18,000 external groups among federal, state and local law enforcement -- about 70 percent are criminal mugshots. It’s the same technology that helped the FBI and a state track down a sex offender who had been on the run for 20 years. The FBI has spent about $55 million on facial recognition over the last six years.
  • FBI officials haven’t tested the detection rate -- how often a match is generated against a submitted photo -- for lists less than 50 candidates, according to GAO. Law enforcement may request a specific number of candidates for any search, though the default is 20. Verifying that NGI-IPS is accurate for all candidate list sizes would provide more assurance that the system helps to “enhance, rather than hinder, criminal investigations,” the GAO report said. <a href="http://pubads.g.doubleclick.net/gampad/jump?sz=300x300&c=801138892&iu=%2F617%2Fnextgov.com%2Fsection_emergingtech%2Fcontent%2Fpid_129155&t=noscript%3Dtrue%26referring_domain%3DTyped%252FBookmarked%26pos%3Dinjector%26level%3D0"> <img src="http://pubads.g.doubleclick.net/gampad/ad?sz=300x300&c=801138892&iu=%2F617%2Fnextgov.com%2Fsection_emergingtech%2Fcontent%2Fpid_129155&t=noscript%3Dtrue%26referring_domain%3DTyped%252FBookmarked%26pos%3Dinjector%26level%3D0"/> </a> The FBI also hasn’t assessed how often errors occur in facial matching. These can be caused both by lower-quality technology, but also by low-quality photos, the report said. The detection- and the false-positive rate are key data points that will help the bureau and the public understand these risks before the technology is deployed, the report said. GAO also found FBI hadn’t determined whether the facial recognition technology its federal, state and local partners use is accurate enough to support its own investigations. These oversights could impinge on citizen's privacy and civil liberties, the report noted. In 2012, the advocacy group the Electronic Frontier Foundation suggested facial recognition systems could allow “covert, remote, and mass capture and identification of images.”
  • In criminal cases, a false positive might force a defendant to prove he or she isn’t who the facial recognition system thought he was -- such a scenario might “alter the traditional presumption of innocence,” an EFF statement said. The FBI has also been slow in publishing its privacy protocol, the report found. The Justice Department hadn’t updated a key “Privacy Impact Assessment” between 2008 and 2015; and though NGI-IPS has existed since 2011, the FBI also didn’t publish the requisite System of Records Notice, explaining how the technology is used, until May 2016. Publishing these notices more promptly would reassure the public “the FBI is evaluating risks to privacy,” the report said.  The GAO review comes shortly after DOJ published a notice arguing its massive biometric database should be excluded from the Privacy Act, which requires the federal government to disclose, upon inquiry from the subject, the information it collects on the public. The system includes finger and palm prints, iris and facial scans, images of tattoos, from criminals, suspects, detainees and anyone undergoing background checks, security clearances and other government assessments.
Paul Merrell

Toxic US corporate culture 'unchanged': watchdog - Yahoo News - 0 views

  • Five years after the US financial crisis forced the massive government TARP bailout, the US corporate culture remains toxic and breeding crime, the watchdog for the bailout program said Tuesday.More than 300 people in the banking, housing and securities industries are in the hands of the criminal system, whether it is a charge, a conviction or a sentencing, the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) said in a quarterly report to Congress."The financial system has stabilized, but the toxic corporate culture that led up to the crisis and TARP has not sufficiently changed," said Christy Romero, the special inspector general."At the core of the crisis was a pervasive culture at institutions of rampant risktaking and greed combined with significant unchecked power," she said.
  • SIGTARP was launched in early 2009 to detect fraud in the massive TARP bailout program. Within weeks of the Lehman Brothers bankruptcy, the government set up the $700 billion TARP to prop up the collapsing financial system. In 2010, the cap on the Treasury's authority to purchase and guarantee assets under TARP was reduced to $475 billion.To date, 65 people have been sentenced to prison for their crimes investigated by SIGTARP and its law enforcement partners, 112 have been convicted and await sentencing and 154 individuals have been criminally charged and face trial on those charges, the report said.In addition, 60 people have been banned from their industries."Many of these defendants were at the highest levels of banks or companies that applied for or received TARP bailout money. They were trusted to exercise good judgment and make sound decisions. However, they abused that trust. Many times they abused that trust for their own personal benefit," the report said.
  • As of September 30 Treasury had $30.7 billion in write-offs, losses or money not collectible from the program, according to the report."Treasury's write-offs and realized losses are money that taxpayers will never get back. Treasury generally expects the amounts currently not collectible will also be lost," the agency said.The watchdog was harshly critical of the Treasury's oversight of the Hardest Hit Fund, set up in February 2010 to help families in places hurt the most by the housing crisis.The Treasury allocated $7.6 billion in TARP funds for the HHF program in 18 states and Washington, DC, administered by local authorities.But states have reduced their proposed numbers of homeowners needing help, and the Treasury has ignored the SIGTARP's conclusions of an audit reported in April 2012.
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  • "Rather than fix the problem that SIGTARP warned Treasury about in its audit, Treasury allowed the problem to get worse. Rather than following SIGTARP’s recommendations, which were designed to make Treasury and states set goals and work hard to achieve those goals, Treasury is refusing to hold itself or the states accountable to any goal of the number of homeowners to be assisted in HHF, and the result has been that the program is reaching far fewer homeowners than the states expected," the agency said.As of June 30, 2013, the latest data available, it said, states had spent only 22 percent, or $1.7 billion, of the TARP funds and the program had helped only 27 percent of the homeowners that states had anticipated helping in 2011.
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    So many convictions. But somehow, I missed the news about executives at the too-big-to-fail banks being even prosecuted, let alone being convicted. But I did hear about a few of them becoming Obama Administration officials and bankster industry regulators. I'd really like to see a breakdown of who was convicted, of what, and their former positions. And for the 154 awaiting trial, what they're charged with and the positions they occupied at the relevant times. Forgive me for my cynicism, but those in charge of the too-big-to-fail frauds seem to be buying deals not to prosecute people criminally in return for civil penalties that are far less than the money gained by their frauds. Perhaps a relevant reform would be to limit the Justice Department and SEC's ability to bring civil cases against corporations to situations in which they have already secured a criminal conviction of one or more of the the company's principles?  Civil penalties levied against corporations have done little to deter bankster fraud. 
Paul Merrell

Iran engaged in nuclear weapons design until 2003, says UN watchdog | World news | The ... - 0 views

  • The UN’s nuclear watchdog IAEA has confirmed suspicions that Iran had a concerted nuclear weapons design programme until 2003 and conducted some sporadic weapons studies after that before ceasing all related activity in 2009. In response, the Iranian government denied on Wednesday that any such programme existed and declared the International Atomic Energy Agency investigation closed. In Washington, the state department said the report was proof of the administration’s own conclusions. “The IAEA report is consistent with what the US has long assessed with high confidence,” spokesman Mark Toner said. “We made this public first in our 2007 national intelligence estimate and that is that Iran had a nuclear weapons program that was halted in 2003.” Toner noted that the IAEA found no evidence of any weapons activity after 2009, adding that the report cleared the way for the investigation to be closed and for implementation to proceed of a comprehensive nuclear deal agreed in July between Iran, the US and five other major powers.
Paul Merrell

Watchdog Group Sues Trump Administration, Seeking Legal Rationale Behind Syria Strike -... - 0 views

  • A month after President Trump ordered a military strike on the Syrian regime as punishment for using chemical weapons, his administration has yet to offer a rationale for what lawful authority he had to carry out the attack.Now, a government watchdog group run by former Obama administration lawyers is suing to force the Trump administration to disclose its legal theory — or concede that it launched the April 6 attack without thinking about the law. While the attack attracted bipartisan support as a political and policy matter, its legal basis was disputed.The United States had no self-defense rationale, and neither Congress nor the United Nations Security Council authorized the attack, raising questions about the scope and limits of Mr. Trump’s power as a matter of domestic law and the United States’ power as a matter of international law. The Trump administration has not answered them.On Monday, the watchdog group, Protect Democracy, filed a lawsuit under the Freedom of Information Act for all emails, memos and other records discussing Mr. Trump’s legal authority to launch the strike.
Paul Merrell

FinCEN Files: Bernie Sanders and Elizabeth Warren join watchdog groups in calling for b... - 1 views

  • Prominent U.S. senators Bernie Sanders and Elizabeth Warren have joined watchdog groups and banking regulators in calling for a crackdown on dirty money and banks that profit from it in the wake of the FinCEN Files investigation. Sanders and Warren, former candidates for the 2020 Democratic presidential nomination who both inspired strong support on the left, called for tougher consequences for banks and their executives who move money linked to crime and corruption.
  • Sanders’ messages came less than a day after the International Consortium of Investigative Journalists’ release of FinCEN Files, a global investigation revealing how leading banks allowed trillions of dollars in tainted money to flow freely through the financial system. Based on more than 2,100 secret reports filed by banks to the U.S. Department of Treasury and obtained by BuzzFeed News, the investigation included more than 400 journalists in 88 countries around the world. Warren also called for a crackdown on banks that are complicit in the spread of dirty money, highlighting policy proposals that would strengthen the ability of law enforcement to combat white collar crime. Warren called for the creation of a new unit in the U.S. Treasury Department to investigate financial crimes linked to the flow of dirty money. She also pushed for the passage of the Ending Too Big to Jail Act, a law she proposed in 2018 that would make it easier to hold Wall Street executives criminally accountable when the banks they lead engage in illegal activity.
  • Elizabeth Rosenberg, a former sanctions official for the U.S. Treasury Department, said the revelations exposed the national security threats posed by banks’ laxity. “The FinCEN Files illustrate the alarming truth that an enormous amount of illicit money is sloshing around our financial system, and that U.S. banks play host and facilitator to rogues and criminals that represent some of America’s most insidious national security threats,” Rosenberg told the Wall Street Journal. Rosenberg urged the passage of stronger transparency laws that crack down on the use of anonymous companies, which are often used for money laundering.
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  • Legislation that would end shell companies by creating a national registry of the real, flesh-and-blood owners of all U.S. companies enjoys overwhelming support in both parties, but remains stalled in the U.S. Senate due to a packed schedule and partisan dysfunction, ICIJ reported in August.
Paul Merrell

Watchdog Report: FBI Facial Recognition Programs Are Quasi-Illegal - nsnbc internationa... - 0 views

  • According to a Government Accountability Office (GOA) report from May of this year, the Federal Bureau of Investigations (FBI) facial recognition programs are violating public privacy and raises civil liberties concerns.
  • Despite many studies showing that facial recognition software is incorrect more often than not when identifying minorities, women and under 20-somethings, The sixty-eight page report details how the FBI could not confirm the accuracy of the program which gives law enforcement the ability to search databases of photographs from passports, driver’s licenses, and mugshots taken by various governmental agencies. Using the brought online the Next Generation Identification System (NGIS), the FBI has access to a gigantic biometric database that uses images and facial recognition software (FRS) to identify criminals. The GAO report revealed that the Facial Analysis, Comparison and Evaluation (FACE) Services has allowed certain FBI agents to access the State Department and the Pentagon and check on individuals who have never been suspected of any criminal or terroristic activities. So far an estimated 411 million facial images have been compromised by the FBI; and yet nearly a half-billion in total could have been violated.
  • Bedoya continued: “We found out that [the FBI] have no idea if they’re misusing it or not. They’ve literally never done an audit.” Concerning privacy expectations, Bedoya said: “When you turn 16 or 17, you don’t go down to the police station and give them your fingerprints; you go get your driver’s license. Turns out, it’s the same thing as far as the FBI is concerned. They might not be storing these photos at Quantico but it has built, in effect, a nationwide biometric database using driver’s license photos. It’s breathtaking.” The FBI has been using the faulty facial recognition software and databases much more “than had previously been understood” which is worrisome because “the FBI hasn’t done enough to audit its own use of facial recognition technology or that of other law enforcement agencies that partner with the FBI, nor has it taken adequate steps to ensure the technology’s accuracy.”
Paul Merrell

Trump Executive Action Takes Aim At Dodd-Frank, Investor Protection Rule : NPR - 0 views

  • President Trump signed two directives on Friday, ordering a review of financial industry regulations known as Dodd-Frank and halting implementation of a rule that requires financial advisers to act in the best interests of their clients, according to a senior administration official who briefed reporters on condition of anonymity. Trump himself made his intentions clear in a meeting with small business owners Monday. "Dodd-Frank is a disaster," Trump said. "We're going to be doing a big number on Dodd-Frank."
  • These executive actions are the start of a Trump administration effort to reverse or revise financial regulations put in place by the Obama administration and seen by Trump and his advisers as onerous and ineffective. Based on the description given by the administration official who briefed reporters, the directives the president is expected to sign Friday won't immediately do a big number on the law. The directive will instruct the Treasury secretary to meet with the agencies that oversee the law to identify possible changes.
  • "Americans are going to have better choices and Americans are going to have better products because we're not going to burden the banks with literally hundreds of billions of dollars of regulatory costs every year," said National Economic Council director Gary Cohn in an interview with the Wall Street Journal. Cohn, who was president and COO at the investment banking firm Goldman Sachs before joining the administration, added, "The banks are going to be able to price product more efficiently and more effectively to consumers." The president of the nonprofit Wall Street watchdog Better Markets issued a statement blasting Friday's actions.
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  • "The American people trusted candidate Trump when he said he was going to protect them from Wall Street's recklessness, but President Trump has betrayed that trust," Dennis Kelleher's statement says. "He is unleashing Wall Street on Main Street, which is exactly what the financial protections of Dodd Frank were put in place to prevent." Hinting at where the administration might expect the review to lead, the official said that under the Obama administration, "some of the rules may have even been unconstitutional, creating new agencies that don't actually protect consumers." That is an allusion to the Consumer Financial Protection Bureau, the consumer watchdog bureau which Republicans in Congress opposed from its very creation and was the subject of a years-long fight over its leadership and structure.
Gary Edwards

The Problem with Socialism is Socialism! | Devil At My Doorstep's Blog - 0 views

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    Big Government, totalitarianism, power, greed, central planning, redistribution of wealth, restrictions on personal freedom, no ownership of personal property, no self determination, government entitlements, no secret ballot elections, lack of incentive to succeed, government watchdogs, political elitism, government control and intervention, sameness, tyranny, violence, intimidation, coercion, pressure and social engineering are all characteristics of Socialism. History is replete with socialist regimes, like Nazi Germany and socialist Russia, which have imploded and failed. The simple problem is government or institutions created in or morphed into this likeness cannot create or invent and eventually fail. The free markets of Capitalism are the inverse of the above. It is the only system that has lifted all of mankind, at every level, to a higher standard of living. It is the only system that allows individuals the opportunity for self determination based on their abilities and effort. It promotes ingenuity, self-reliance, diversity, innovation, creation, prosperity and, yes, wealth. It continues to advance the prosperity of all individuals unless destroyed from within, like Greece and Rome when they moved towards totalitarianism and away from democracy!
Paul Merrell

Half of Federal Agencies Still Use Outdated Freedom of Information Regulations - 0 views

  • Nearly half (50 out of 101) of all federal agencies have still not updated their Freedom of Information Act regulations to comply with Congress's 2007 FOIA amendments, and even more agencies (55 of 101) have FOIA regulations that predate and ignore President Obama's and Attorney General Holder's 2009 guidance for a "presumption of disclosure," according to the new National Security Archive FOIA Audit released today to mark Sunshine Week. Congress amended the Freedom of Information Act in 2007 to prohibit agencies from charging processing fees if they missed their response deadlines, to include new online journalists in the fee waiver category for the media, to order agencies to cooperate with the new FOIA ombudsman (the Office of Government Information Services, OGIS), and to require reports of specific data on their FOIA output, among other provisions co-authored by Senators Patrick Leahy (D-VT) and John Cornyn (R-TX). But half the government has yet to incorporate these changes in their regulations, according to the latest National Security Archive FOIA Audit. After President Obama's "Day One" commitments to open government, Attorney General Eric Holder issued new FOIA guidance on March 19, 2009, declaring that agencies should adopt a "presumption of disclosure," encourage discretionary releases if there was no foreseeable harm (even if technically covered by an exemption), proactively post the records of greatest public interest online, and remove "unnecessary bureaucratic hurdles" from the FOIA process. But five years later, the Archive found a majority of agencies have old regulations that simply ignore this guidance.
  • The Archive's FOIA Audit also highlights some good news this Sunshine Week: New plans from both the House of Representatives and White House have the potential to compel delinquent agencies to update their regulations. "Both Congress and the White House now recognize the problem of outdated FOIA regulations, and that is something to celebrate," said Archive director Tom Blanton. "But new regs should not follow the Justice Department's terrible lead, they must follow the best practices already identified by the FOIA ombuds office and FOIA experts." "If and when this important FOIA reform occurs, open government watchdogs must be vigilant to ensure that the agencies' updated regulations are progressive, rather than regressive, and embrace best practices to ensure that more documents are released to requesters, more quickly" said Nate Jones, the Archive's FOIA coordinator.
  • In 2011, the back-to-back Rosemary Award-winning Department of Justice proposed FOIA regulations that would have — among many other FOIA setbacks — allowed the Department to lie to FOIA requesters, eliminated online-only publications from receiving media fee status, and made it easier to destroy records. After intense pushback by openness advocates, the DOJ temporarily pulled these regulations, and Pustay claimed, "some people misinterpreted what we were trying to do, misconstrued some of the provisions, and didn't necessarily understand some of the fee guidelines." Pustay also claimed — to an incredulous Senate Judiciary Committee — that updating FOIA regulations to conform with the 2007 OPEN Government Act was merely optional and "not required." National Security Archive director Tom Blanton warned in his own 2013 Senate testimony that these terrible "vampire" regulations were not gone for good. This year, Pustay testified that the Department of Justice has indeed resubmitted its FOIA regulations for OMB approval; their content is unknown to the public.
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  • The House of Representatives recently unanimously passed the bipartisan Freedom of Information Act Implementation Act (H.R. 1211), which includes a provision compelling agencies to update their FOIA regulations. The House bill — which now awaits Senate approval — would require each agency to update its FOIA regulations "not later than 180 days after the enactment of this Act." The White House is also addressing the problem of outdated FOIA regulations, albeit in a different manner. In its latest Open Government Partnership National Action Plan, the White House has committed (on paper, at least) to creating one "core FOIA regulation and common set of practices [that] would make it easier for requesters to understand and navigate the FOIA process and easier for the Government to keep regulations up to date." Transparency watchdogs went on alert this week after the Department of Justice's Director of Information Policy Melanie Pustay announced during her Senate testimony on March 11, 2014 that, "My office is leading that project" to create the White House-backed common regulation which, she estimated will be, "a one or two year project." Despite Pustay's pledge that she would accept input from OGIS and the requester community, her Department's history of crafting FOIA regulations has been anything but stellar.
  • As the Department of Justice and other agencies have demonstrated, new regulations do not necessarily make good regulations. As such, the National Security Archive has recommended that any updated FOIA regulations must: mandate that FOIA officers embrace direct communications with requesters; require agencies to receive requests by e-mail and post all responses and documents online; direct agencies to update their FOIA processing software so documents can be posted to any online repository, including the government-sponsored FOIAonline; encourage agencies to join FOIAonline to make their FOIA processing more cost-effective and efficient; stream-line inter and intra-agency "referral" black holes — and keep requesters abreast of where their requests are if the agency does have to refer them; include language encouraging use of the OGIS, which can help requesters and agencies mediate disputes to avoid animosity and costly litigation; end the practice of using fees to discourage FOIA requesters. The Office of Government Information Services — which reviews and comments on agency regulations as they are proposed — has also compiled a list of best practices for agencies to consider while crafting regulations. These include: "let the Freedom of Information Act itself" — and its presumption for disclosure — "be your guide;" bring attorneys, FOIA processors, records managers and IT pros to the table; include your plan for records management and preservation; and alert requesters of their option to contact OGIS for mediation and dispute resolution services.
  • A useful compilation of current agency FOIA regulation language — already on the books — put together by the Center of Effective Government also includes helpful guidelines on preventing the destruction of requested records; narrowly interpreting claims of confidential business information; and clarifying fee waivers and procedures. FOIA experts are currently working to craft model, pro-transparency, CFR-ready language that agencies — or the drafters of government-wide common regulations — can use to bring agencies' Freedom of Information Act regulations up to standard. Watch this space, and then watch the Code of Federal Regulations (CFR). "As the staffer who waded through every single federal agencies' FOIA website and CFR chapter to locate their — sometimes hidden — regulations, I learned FOIA officials often say they view their FOIA requesters as customers," said Archive researcher Lauren Harper, "I think easy to find, updated model FOIA regulations are the best way for agencies to demonstrate they truly value their customer service, and the spirit of the FOIA."
  • The National Security Archive has conducted thirteen FOIA audits since 2002. Modeled after the California Sunshine Survey and subsequent state "FOI Audits," the Archive's FOIA Audits use open-government laws to test whether or not agencies are obeying those same laws. Recommendations from previous Archive FOIA Audits have led directly to laws and executive orders which have: set explicit customer service guidelines, mandated FOIA backlog reduction, assigned individualized FOIA tracking numbers, forced agencies to report the average number of days needed to process requests, and revealed the (often embarrassing) ages of the oldest pending FOIA requests. The surveys include:
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    Article includes tables indicating which agencies are out of compliance with which FOIA directives. 
Gary Edwards

Bankers Get $4 Trillion Gift From Barney Frank: David Reilly - Bloomberg - 1 views

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    excerpt: "While banks opposed the legislation, they should cheer for its passage by the full Congress in the New Year: There are huge giveaways insuring the government will again rescue banks and Wall Street if the need arises. Nuggets Gleaned Here are some of the nuggets I gleaned from days spent reading Frank's handiwork: -- For all its heft, the bill doesn't once mention the words "too-big-to-fail," the main issue confronting the financial system. Admitting you have a problem, as any 12- stepper knows, is the crucial first step toward recovery. -- Instead, it supports the biggest banks. It authorizes Federal Reserve banks to provide as much as $4 trillion in emergency funding the next time Wall Street crashes. So much for "no-more-bailouts" talk. That is more than twice what the Fed pumped into markets this time around. The size of the fund makes the bribes in the Senate's health-care bill look minuscule. -- Oh, hold on, the Federal Reserve and Treasury Secretary can't authorize these funds unless "there is at least a 99 percent likelihood that all funds and interest will be paid back." Too bad the same models used to foresee the housing meltdown probably will be used to predict this likelihood as well. More Bailouts -- The bill also allows the government, in a crisis, to back financial firms' debts. Bondholders can sleep easy -- there are more bailouts to come. -- The legislation does create a council of regulators to spot risks to the financial system and big financial firms. Unfortunately this group is made up of folks who missed the problems that led to the current crisis. -- Don't worry, this time regulators will have better tools. Six months after being created, the council will report to Congress on "whether setting up an electronic database" would be a help. Maybe they'll even get to use that Internet thingy. -- This group, among its many powers, can restrict the ability of a financial firm to trade for its own account. Perha
Paul Merrell

Keeping Dark Money in the Shadows - WhoWhatWhy - 0 views

  • With the Supreme Court knocking down regulations with a wrecking ball, the FEC out of commission, and an election heating up that will likely redefine the term “big money,” there are few avenues left for regulation of American elections. And now, Congress is set to close one off.On June 17, the House Appropriations Committee passed 2016 Financial Services and General Government Appropriations bill including a collection of provisions that ensure that the so-called “dark money” of elections—money that passes through supposedly non-political social welfare nonprofits, such as the Koch Brothers’ Crossroads GPS or the League of Conservation Voters, and is therefore free from disclosure—remains very much dark.Section 129 of the bill prevents the IRS from taking any action to investigate whether these social welfare groups are acting exclusively for social welfare; Section 625 prevents the SEC from requiring disclosure of political donations for publicly traded companies; Section 735 prevents a rule requiring that government contractors disclose their contributions to political groups, nonprofits, and trade unions.
  • Rules like these are aimed at preventing what some campaign watchdog groups refer to as the dark money system. Though Federal Election Commission regulations require disclosure of all donations to political candidates, 501(c)(4) groups—groups determined by the IRS to be for social welfare, not political campaigning, and exempt from taxes and donor disclosure—can be used as a workaround. Corporations and individuals do not have to disclose their donations to these groups, meaning that these groups can make donations to political campaigns using money donated by others without those original donors revealing it.An executive order requiring disclosure rules of this sort had been one of the last hopes for election watchdogs looking for a way to keep campaign finance under control in the coming election. This action by the House Appropriations—part of a large government funding bill for which passage will likely not hinge on such small sections—has left them even more enraged at the state of current campaign finance regulations.
Paul Merrell

Watchdog: OPM ignored warnings about online background check system | TheHill - 0 views

  • The Office of Personnel Management (OPM) had known since 2012 about security flaws in its online submission system, roughly three years before the agency finally shut down the system to repair it.“OPM has known about vulnerabilities in the system for years, but has not corrected them,” Michael Esser, the assistant inspector general for audits at the OPM, told a House subcommittee on Wednesday.ADVERTISEMENTIn late June, the OPM said it was suspending the Web-based platform, known as e-QIP, after a security review conducted in the wake of massive hacks at the agency uncovered significant defects.The OPM data breach has likely exposed upwards of 18 million people’s sensitive information and is raising pointed questions about why the agency hasn't moved more expediently over the years to correct glaring problems with its networks.The agency’s inspector general has said OPM officials repeatedly failed to heed its warnings, even refusing to shut down several of its weakest computer systems as recommended.
  • On Wednesday, Esser accused the agency of also not responding to alerts about the e-QIP system, which is used to file the background checks for security clearances.  The agency’s oversight arm detailed 18 security vulnerabilities starting in 2012, he said.“I do not know if those vulnerabilities were related to the reason the system was shut down last week,” Esser added.OPM Director Katherine Archuleta has maintained she always takes into account the watchdog’s recommendations. The agency kept the deficient computer systems running, she said, in order to avoid gaps in delivering employee's paychecks and benefits.
Paul Merrell

Investigative Reporter Robert Parry to receive I.F. Stone Medal for Journalistic Indepe... - 0 views

  • In recognition of a career distinguished by meticulously researched investigations, intrepid questioning and reporting that has challenged both conventional wisdom and mainstream media, the Nieman Foundation for Journalism at Harvard will present journalist Robert Parry with the 2015 I.F. Stone Medal for Journalistic Independence during a ceremony in Cambridge, Mass., on Oct. 22, 2015.
  • Parry established the website, consortiumnews.com in 1995 as the first investigative news magazine on the Internet. He continues to edit the site and notes that a founding idea behind the project was the belief that “a major investment was needed in journalistic endeavors committed to honestly informing the American people about important events, reporting that truly operated without fear or favor.” Parry is known for breaking many of the stories related to the Iran-Contra affair while working at The Associated Press and Newsweek in the 1980s. He received the George Polk Award for National Reporting in 1984 for his work on Iran-Contra at the AP, where he broke the story that the CIA had provided a manual to the Nicaraguan Contras (“Psychological Operations in Guerrilla Warfare”) that outlined ways to build support for the Contra cause and carry out political assassinations.
  • In 1985, he was the first to report on Oliver North’s involvement in the affair and along with his AP colleague Brian Barger, was the first to describe the Contras’ role in cocaine trafficking in the United States – stories that led to an internal investigation and a congressional inquiry. Parry also was a 1985 Pulitzer finalist for his work. In the early 1990s, Parry made several documentaries for PBS’s Frontline on the October Surprise allegations about a plot to influence the outcome of the 1980 presidential election between incumbent Jimmy Carter and Ronald Reagan. He continued to report on the topic and published two related books: “Trick or Treason: The October Surprise Mystery” (1993) and “The October Surprise X-Files: The Hidden Origins of the Reagan-Bush Era” (1996). Parry’s other books include “America’s Stolen Narrative: From Washington and Madison to Nixon, Reagan and the Bushes to Obama” (2012), “Neck Deep: The Disastrous Presidency of George W. Bush” (2007), “Secrecy & Privilege: Rise of the Bush Dynasty from Watergate to Iraq” (2004), “and “Lost History: Contras, Cocaine, the Press & ‘Project Truth’” (1992).
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  • Parry worked for Bloomberg News from 2000-2004. He has reported from Grenada, El Salvador, Nicaragua, Iran, Israel and Haiti and has taught at the New York University Graduate School of Journalism. Former Nieman Foundation curator Bill Kovach, chair of the advisory committee that oversees the annual award, said, “Robert Parry has for decades been one of the most tenacious investigative journalists. Driven by his concern that the information flooding our communications system increasingly substitutes opinion for historical fact and undermines effective citizen and government decisions, he has created a unique news website to replace disinformation with facts based on deep research.” Established in 2008, the I.F Stone Medal honors the life of investigative journalist I.F. Stone and is presented annually to a journalist whose work captures the spirit of journalistic independence, integrity and courage that characterized I.F. Stone’s Weekly, published 1953-1971. The award is administered by the Nieman Foundation for Journalism at Harvard and its Nieman Watchdog Project.
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    Recognition for a journalist whose articles I often bookmark on Diigo.
Paul Merrell

Data Transfer Pact Between U.S. and Europe Is Ruled Invalid - The New York Times - 0 views

  • Europe’s highest court on Tuesday struck down an international agreement that allowed companies to move digital information like people’s web search histories and social media updates between the European Union and the United States. The decision left the international operations of companies like Google and Facebook in a sort of legal limbo even as their services continued working as usual.The ruling, by the European Court of Justice, said the so-called safe harbor agreement was flawed because it allowed American government authorities to gain routine access to Europeans’ online information. The court said leaks from Edward J. Snowden, the former contractor for the National Security Agency, made it clear that American intelligence agencies had almost unfettered access to the data, infringing on Europeans’ rights to privacy. The court said data protection regulators in each of the European Union’s 28 countries should have oversight over how companies collect and use online information of their countries’ citizens. European countries have widely varying stances towards privacy.
  • Data protection advocates hailed the ruling. Industry executives and trade groups, though, said the decision left a huge amount of uncertainty for big companies, many of which rely on the easy flow of data for lucrative businesses like online advertising. They called on the European Commission to complete a new safe harbor agreement with the United States, a deal that has been negotiated for more than two years and could limit the fallout from the court’s decision.
  • Some European officials and many of the big technology companies, including Facebook and Microsoft, tried to play down the impact of the ruling. The companies kept their services running, saying that other agreements with the European Union should provide an adequate legal foundation.But those other agreements are now expected to be examined and questioned by some of Europe’s national privacy watchdogs. The potential inquiries could make it hard for companies to transfer Europeans’ information overseas under the current data arrangements. And the ruling appeared to leave smaller companies with fewer legal resources vulnerable to potential privacy violations.
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  • “We can’t assume that anything is now safe,” Brian Hengesbaugh, a privacy lawyer with Baker & McKenzie in Chicago who helped to negotiate the original safe harbor agreement. “The ruling is so sweepingly broad that any mechanism used to transfer data from Europe could be under threat.”At issue is the sort of personal data that people create when they post something on Facebook or other social media; when they do web searches on Google; or when they order products or buy movies from Amazon or Apple. Such data is hugely valuable to companies, which use it in a broad range of ways, including tailoring advertisements to individuals and promoting products or services based on users’ online activities.The data-transfer ruling does not apply solely to tech companies. It also affects any organization with international operations, such as when a company has employees in more than one region and needs to transfer payroll information or allow workers to manage their employee benefits online.
  • But it was unclear how bulletproof those treaties would be under the new ruling, which cannot be appealed and went into effect immediately. Europe’s privacy watchdogs, for example, remain divided over how to police American tech companies.France and Germany, where companies like Facebook and Google have huge numbers of users and have already been subject to other privacy rulings, are among the countries that have sought more aggressive protections for their citizens’ personal data. Britain and Ireland, among others, have been supportive of Safe Harbor, and many large American tech companies have set up overseas headquarters in Ireland.
  • “For those who are willing to take on big companies, this ruling will have empowered them to act,” said Ot van Daalen, a Dutch privacy lawyer at Project Moore, who has been a vocal advocate for stricter data protection rules. The safe harbor agreement has been in place since 2000, enabling American tech companies to compile data generated by their European clients in web searches, social media posts and other online activities.
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    Another take on it from EFF: https://www.eff.org/deeplinks/2015/10/europes-court-justice-nsa-surveilance Expected since the Court's Advocate General released an opinion last week, presaging today's opinion.  Very big bucks involved behind the scenes because removing U.S.-based internet companies from the scene in the E.U. would pave the way for growth of E.U.-based companies.  The way forward for the U.S. companies is even more dicey because of a case now pending in the U.S.  The Second U.S. Circuit Court of Appeals is about to decide a related case in which Microsoft was ordered by the lower court to produce email records stored on a server in Ireland. . Should the Second Circuit uphold the order and the Supreme Court deny review, then under the principles announced today by the Court in the E.U., no U.S.-based company could ever be allowed to have "possession, custody, or control" of the data of E.U. citizens. You can bet that the E.U. case will weigh heavily in the Second Circuit's deliberations.  The E.U. decision is by far and away the largest legal event yet flowing out of the Edward Snowden disclosures, tectonic in scale. Up to now, Congress has succeeded in confining all NSA reforms to apply only to U.S. citizens. But now the large U.S. internet companies, Google, Facebook, Microsoft, Dropbox, etc., face the loss of all Europe as a market. Congress *will* be forced by their lobbying power to extend privacy protections to "non-U.S. persons."  Thank you again, Edward Snowden.
Joseph Skues

Anonymous Donors Play Big Role in Midterms - NYTimes.com - 0 views

  • it has spent millions of dollars on television commercials attacking Democrats in key Senate races across the country.
  • so its primary purpose, by law, is not supposed to be political.
  • more than 50 percent of a 501(c)(4)’s activities cannot be political.
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  • But that has not stopped Crossroads and a raft of other nonprofit advocacy groups like it — mostly on the Republican side, so far — from becoming some of the biggest players in this year’s midterm elections, in part because of the anonymity they afford donors, prompting outcries from campaign finance watchdogs.
  • Neither the Internal Revenue Service, which has jurisdiction over nonprofits, nor the Federal Election Commission, which regulates the financing of federal races, appears likely to examine them closely, according to campaign finance watchdogs, lawyers who specialize in the field and current and former federal officials.
  • the money’s flowing,” said Michael E. Toner, a former Republican F.E.C. commissioner,
  • top spender on Senate races,
  • the leader on the House side;
  • United States Chamber of Commerce, which has been spending heavily in support of Republicans.
  • former I.R.S. officials say the agency has had little incentive to police the groups because the revenue-collecting potential is small, and because its main function is not to oversee the integrity of elections.
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    Crossroads Grassroots Policy Strategies
Gary Edwards

Greg Hunter's USAWatchdog: Economic News and Breaking News Reports - USA Watchdog.com - 0 views

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    Good stuff!  What big media used to be.
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