Troubling Transparency


Book Description

Today, transparency is a widely heralded value, and the U.S. Freedom of Information Act (FOIA) is often held up as one of the transparency movement’s canonical achievements. Yet while many view the law as a powerful tool for journalists, activists, and ordinary citizens to pursue the public good, FOIA is beset by massive backlogs, and corporations and the powerful have become adept at using it for their own interests. Close observers of laws like FOIA have begun to question whether these laws interfere with good governance, display a deleterious anti-public-sector bias, or are otherwise inadequate for the twenty-first century’s challenges. Troubling Transparency brings together leading scholars from different disciplines to analyze freedom of information policies in the United States and abroad—how they are working, how they are failing, and how they might be improved. Contributors investigate the creation of FOIA; its day-to-day uses and limitations for the news media and for corporate and citizen requesters; its impact on government agencies; its global influence; recent alternatives to the FOIA model raised by the emergence of “open data” and other approaches to transparency; and the theoretical underpinnings of FOIA and the right to know. In addition to examining the mixed legacy and effectiveness of FOIA, contributors debate how best to move forward to improve access to information and government functioning. Neither romanticizing FOIA nor downplaying its real and symbolic achievements, Troubling Transparency is a timely and comprehensive consideration of laws such as FOIA and the larger project of open government, with wide-ranging lessons for journalism, law, government, and civil society.




Introduction


Book Description

Transparency is a value in the ascendance. Across the globe, the past several decades have witnessed a spectacular explosion of legislative reforms and judicial decisions calling for greater disclosure about the workings of public institutions. Freedom of information laws have proliferated, claims of a constitutional or supra-constitutional "right to know" have become commonplace, and an international transparency lobby has emerged as a civil society powerhouse. Open government is seen today in many quarters as a foundation of, if not synonymous with, good government. At the same time, a growing number of scholars, advocates, and regulators have begun to raise hard questions about the costs and limits of the transparency movement. Some of these commentators accept the movement's standard premises and prescriptions but worry that open government measures are not actually delivering the openness they promise due to inadequate legislative funding, bureaucratic resistance, or cramped judicial interpretations. Others wonder whether traditional open records and open meetings laws are well suited to twenty-first-century transparency challenges, or whether these laws need to be reimagined for the digital age. A third group of commentators has thrown a harsh light on transparency's political and administrative effects, emphasizing its potential to facilitate "neoliberal" agendas or to undermine deliberation, deal-making, and institutional capacity. These different strains of skepticism are coalescing and have largely been confined to discrete discourses so far. They have not arrested transparency's ascent in the NGO community or in popular culture. But they have developed to the point where we might say that government transparency, as a democratic ideal, is contested not only in practice but also in theory.




The Rise of the Right to Know


Book Description

The American founders did not endorse a citizen’s right to know. More openness in government, more frankness in a doctor’s communication with patients, more disclosure in a food manufacturer’s package labeling, and more public notice of actions that might damage the environment emerged in our own time. As Michael Schudson shows in The Rise of the Right to Know, modern transparency dates to the 1950s, 1960s, and 1970s—well before the Internet—as reform-oriented politicians, journalists, watchdog groups, and social movements won new leverage. At the same time, the rapid growth of higher education after 1945, together with its expansive ethos of inquiry and criticism, fostered both insight and oversight as public values. “One of the many strengths of The Rise of the Right To Know is its insistent emphasis on culture and its interaction with law...What Schudson shows is that enforceable access to official information creates a momentum towards a better use of what is disclosed and a refinement of how disclosure is best done.” —George Brock, Times Literary Supplement “This book is a reminder that the right to know is not an automatic right. It was hard-won, and fought for by many unknown political soldiers.” —Monica Horten, LSE Review of Books




Research Handbook on Information Policy


Book Description

This comprehensive and innovative Research Handbook tackles the pressing issues confronting us at the dawn of the global network society, including freedom of speech, government transparency and the digital divide. Engaging with controversial problems of public policy including freedom of expression, copyright and information inequality, the Research Handbook on Information Policy offers a well-rounded exploration of the history and future of this vital field.




The New Economic Governance of the Eurozone


Book Description

The Eurozone and the European Union have recently been confronted with a number of existential threats. The sovereign debt crisis and the COVID-19 pandemic have forced European decisionmakers to pass important reforms which have radically transformed the nature and scope of the Union's powers in the field of economic and fiscal policy. As the new economic governance of the Eurozone emerges as the main driver of integration in today's Europe, this book seeks to assess the solidity of the constitutional foundations supporting that system, and its compliance with the Union's core founding value: the rule of law. Using competence allocation, regulatory quality, access to external review and fundamental rights sustainability as analytical benchmarks, this book argues that the recent metamorphosis of Eurozone economic governance has not been accompanied by a parallel strengthening of its constitutional settlement, leading to a problematic misalignment between the Union's action and its governing principles.




Lethal Autonomous Weapons


Book Description

"Because of the increasing use of Unmanned Aerial Vehicles (UAVs, also commonly known as drones) in various military and para-military (i.e., CIA) settings, there has been increasing debate in the international community as to whether it is morally and ethically permissible to allow robots (flying or otherwise) the ability to decide when and where to take human life. In addition, there has been intense debate as to the legal aspects, particularly from a humanitarian law framework. In response to this growing international debate, the United States government released the Department of Defense (DoD) 3000.09 Directive (2011), which sets a policy for if and when autonomous weapons would be used in US military and para-military engagements. This US policy asserts that only "human-supervised autonomous weapon systems may be used to select and engage targets, with the exception of selecting humans as targets, for local defense ...". This statement implies that outside of defensive applications, autonomous weapons will not be allowed to independently select and then fire upon targets without explicit approval from a human supervising the autonomous weapon system. Such a control architecture is known as human supervisory control, where a human remotely supervises an automated system (Sheridan 1992). The defense caveat in this policy is needed because the United States currently uses highly automated systems for defensive purposes, e.g., Counter Rocket, Artillery, and Mortar (C-RAM) systems and Patriot anti-missile missiles. Due to the time-critical nature of such environments (e.g., soldiers sleeping in barracks within easy reach of insurgent shoulder-launched missiles), these automated defensive systems cannot rely upon a human supervisor for permission because of the short engagement times and the inherent human neuromuscular lag which means that even if a person is paying attention, there is approximately a half-second delay in hitting a firing button, which can mean the difference for life and death for the soldiers in the barracks. So as of now, no US UAV (or any robot) will be able to launch any kind of weapon in an offensive environment without human direction and approval. However, the 3000.09 Directive does contain a clause that allows for this possibility in the future. This caveat states that the development of a weapon system that independently decides to launch a weapon is possible but first must be approved by the Under Secretary of Defense for Policy (USD(P)); the Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)); and the Chairman of the Joint Chiefs of Staff. Not all stakeholders are happy with this policy that leaves the door open for what used to be considered science fiction. Many opponents of such uses of technologies call for either an outright ban on autonomous weaponized systems, or in some cases, autonomous systems in general (Human Rights Watch 2013, Future of Life Institute 2015, Chairperson of the Informal Meeting of Experts 2016). Such groups take the position that weapons systems should always be under "meaningful human control," but do not give a precise definition of what this means. One issue in this debate that often is overlooked is that autonomy is not a discrete state, rather it is a continuum, and various weapons with different levels of autonomy have been in the US inventory for some time. Because of these ambiguities, it is often hard to draw the line between automated and autonomous systems. Present-day UAVs use the very same guidance, navigation and control technology flown on commercial aircraft. Tomahawk missiles, which have been in the US inventory for more than 30 years, are highly automated weapons with accuracies of less than a meter. These offensive missiles can navigate by themselves with no GPS, thus exhibiting some autonomy by today's definitions. Global Hawk UAVs can find their way home and land on their own without any human intervention in the case of a communication failure. The growth of the civilian UAV market is also a critical consideration in the debate as to whether these technologies should be banned outright. There is a $144.38B industry emerging for the commercial use of drones in agricultural settings, cargo delivery, first response, commercial photography, and the entertainment industry (Adroit Market Research 2019) More than $100 billion has been spent on driverless car development (Eisenstein 2018) in the past 10 years and the autonomy used in driverless cars mirrors that inside autonomous weapons. So, it is an important distinction that UAVs are simply the platform for weapon delivery (autonomous or conventional), and that autonomous systems have many peaceful and commercial uses independent of military applications"--




Saving the Freedom of Information Act


Book Description

Enacted in 1966, The Freedom of Information Act (or FOIA) was designed to promote oversight of governmental activities, under the notion that most users would be journalists. Today, however, FOIA is largely used for purposes other than fostering democratic accountability. Instead, most requesters are either individuals seeking their own files, businesses using FOIA as part of commercial enterprises, or others with idiosyncratic purposes like political opposition research. In this sweeping, empirical study, Margaret Kwoka documents how agencies have responded to the large volume of non-oversight requesters by creating new processes, systems, and specialists, which in turn has had a deleterious impact on journalists and the media. To address this problem, Kwoka proposes a series of structural solutions aimed at shrinking FOIA to re-center its oversight purposes.




Full Disclosure


Book Description

Publisher description




Life Sentence


Book Description

A beloved crime reporter revisits some of her biggest assignments and passes judgement on our judicial system—and especially its judges—in this national bestseller. When Christie Blatchford wandered into a Toronto courtroom in 1978 for the start of the first criminal trial she would cover as a newspaper reporter, little did she know she was also at the start of a self-imposed life sentence. She has been reporting from Canadian courtrooms for the Toronto Star, The Globe and Mail and the National Post ever since. Back in '78, she loved the courts, lawyers and judges, and that persisted for many years. But slowly, surely, she suffered a loss of faith. What happened? It was at the recent Mike Duffy trial she had the epiphany: That judges are the new senators, unelected, unaccountable and overly entitled. Yet unlike senators, they continue to get away with it because any questioning by government or its agents is deemed an intrusion onto judicial independence. In her explosive new book, Christie Blatchford revisits trials from throughout her career and asks the hard questions--about judges playing with the truth--through editing of criminal records, whitewashing of criminal records, pre-trial rulings that kick out evidence the jury can't hear. She discusses bad or troubled judges--how and why they get picked, and what can be done about them. And shows how judges are handmaidens to the state, as in the Bernardo trial when a small-town lawyer and an intellectual writer were pursued with more vigor than Karla Homolka. For anyone interested in the political and judicial fabric of this country, Life Sentence is a remarkable, argumentative, insightful and hugely important book.




The Transparent Society


Book Description

In New York and Baltimore, police cameras scan public areas twenty-four hours a day. Huge commercial databases track you finances and sell that information to anyone willing to pay. Host sites on the World Wide Web record every page you view, and “smart” toll roads know where you drive. Every day, new technology nibbles at our privacy.Does that make you nervous? David Brin is worried, but not just about privacy. He fears that society will overreact to these technologies by restricting the flow of information, frantically enforcing a reign of secrecy. Such measures, he warns, won't really preserve our privacy. Governments, the wealthy, criminals, and the techno-elite will still find ways to watch us. But we'll have fewer ways to watch them. We'll lose the key to a free society: accountability.The Transparent Society is a call for “reciprocal transparency.” If police cameras watch us, shouldn't we be able to watch police stations? If credit bureaus sell our data, shouldn't we know who buys it? Rather than cling to an illusion of anonymity-a historical anomaly, given our origins in close-knit villages-we should focus on guarding the most important forms of privacy and preserving mutual accountability. The biggest threat to our freedom, Brin warns, is that surveillance technology will be used by too few people, now by too many.A society of glass houses may seem too fragile. Fearing technology-aided crime, governments seek to restrict online anonymity; fearing technology-aided tyranny, citizens call for encrypting all data. Brins shows how, contrary to both approaches, windows offer us much better protection than walls; after all, the strongest deterrent against snooping has always been the fear of being spotted. Furthermore, Brin argues, Western culture now encourages eccentricity-we're programmed to rebel! That gives our society a natural protection against error and wrong-doing, like a body's immune system. But “social T-cells” need openness to spot trouble and get the word out. The Transparent Society is full of such provocative and far-reaching analysis.The inescapable rush of technology is forcing us to make new choices about how we want to live. This daring book reminds us that an open society is more robust and flexible than one where secrecy reigns. In an era of gnat-sized cameras, universal databases, and clothes-penetrating radar, it will be more vital than ever for us to be able to watch the watchers. With reciprocal transparency we can detect dangers early and expose wrong-doers. We can gauge the credibility of pundits and politicians. We can share technological advances and news. But all of these benefits depend on the free, two-way flow of information.