The White House Privacy and Civil Liberties Board Defies FOIA Requests

[Ian David]

Privacy Board Won't Share Documents

The White House Privacy and Civil Liberties Board responded to Wired News's request for documents about its briefings on the board's knowledge of the government's warrantless wiretapping of Americans and is refusing to release any records -- except already publicly available testimony by activists and professors -- since doing so would not be in "not be in the public interest" and would "inhibit the frank and candid exchange of views that are necessary for effective government decision making," according to a letter received Tuesday. Congress, which created the board in 2004 in response to 9/11 Commission recommendations, specifically required the board to be subject to government sunshine requests.

The board is charged with providing advice to the Administration, making sure that antiterrorism programs respect privacy and civil liberties and reporting to Congress. Carol Dinkins -- a partner at the law firm where Attorney General Alberto Gonzales used to work -- chairs the board.

The Freedom of Information Act request asked for all records concerning the so-called Terrorist Surveillance Program in which the National Security Agency has been listening in on Americans' international communications without getting approval from a special court designed to handle warrants for national security wiretaps inside the country.
http://blog.wired.com/27bstroke6/2006/12/wired_files_doc.html

The board was briefed on the program in November after a lengthy period of getting clearance, but in its first public meeting in December, board members said they would not share even the most basic details with the public.
http://www.wired.com/news/technology/0,72248-0.html

The board identified 72 documents responsive to Wired News's request, but withheld 69 of them in their entirety. The three documents that were released comprised the written testimony of three participants at December's meeting, where the board invited the press but banned them from asking questions. The documents are the ACLU's Caroline Fredrickson, the American Conservative Union's David Keene and Georgetown University Professor Anthony Arend. These were handed out to reporters at the meeting. A transcript of the meeting can be found here (.pdf).
(PDF Document) http://www.fas.org/sgp/news/2006/12/pclob120506.pdf

More:
http://blog.wired.com/27bstroke6/2007/01/privacy_board_w.html