Slashdot Mirror


Homeland Security Okays Closed Proceedings

CNet is reporting that a newly created branch within the Homeland Security Department that brings together many different federal agency employees and private sector players has been given the go-ahead to disregard a law requiring meetings to be open and proceedings public. From the article: "The 1972 law generally requires such groups to meet in open sessions, make written meeting materials publicly available, and deliver a 15-day notice of any decision to close a meeting to the public. The last is a particular point of concern for Homeland Security officials, who anticipate that private emergency meetings may need to be scheduled on short notice."

17 of 281 comments (clear)

  1. I'm eno2001. Who the HELL are You? by eno2001 · · Score: 3, Insightful

    I find it highly suspicious that someone who seems to know a lot about these types of meetings (I wonder why that is) is posting on Slashdot. Especially with a favorable view. Regardless of whether or not you are right in what you say, it seems to me that you have more of a political motivation for posting here. The kind of mind that takes a keen interest in government and politics and the kind of mind that has a strong interest in computers and technology typically do not mix. This is one of THE biggest problems with the net. We have people who are either "wannabe" career politicians or are virtual lobbyists astroturfing the view of their employers. You are one part of the formula that is trying to subvert people to the cause of the current criminal in charge of the Whitehouse. Unless you have some other defense for yourself (I'm not even touching why you might be posting AC) I recommend that people read what you wrote with a large degree of suspicion.

    --
    -"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
  2. Re:Homeland Security Okay's Closed Proceedings by LewsTherinKinslayer · · Score: 5, Insightful

    Everything the government does should be held to public scrutiny. How can we be reasonably informed on issues pertaining to the government when there are closed meetings between important government and private sector industries; secret courts issuing secret warrants; agencies such as the NSA performing illegal wiretapping under a veil of national security.

    Perhaps it is necessary to have an agency such as the NSA or CIA that have operations that are never publicized. But its still something I have the utmost contempt for. How can the public check the government that was meant to serve them, to protect them, if they have no idea what the government is even doing.

    Congressmen when given classified information, cannot release to the public that officals or even the President is involved in illegal activities, because their proof is covered in the interest of national security, and they can be arrested for a breach in such protocals.

    Ignorance is power... freedom is slavery...

  3. Re:I'm eno2001. Who the HELL are You? by Homology · · Score: 4, Insightful
    The kind of mind that takes a keen interest in government and politics and the kind of mind that has a strong interest in computers and technology typically do not mix.

    That might be true of 15 year olds living with Mom, but some of us are adults that do care how a country a governed.

  4. Eroding, eroding, eroding by erroneus · · Score: 4, Insightful

    I am left to wonder what significant safegaurds we have remaining. Admittedly, I knew nothing of this particular 1972 law to begin with. But now I wonder if there are any more significant laws that are in place to preserve the transparency of the US government that will likely be targetted or otherwise disregarded?

    This "war on terror" is such an incredibly dangerous witchunt. It struck my mind really hard the other day when I first heard it said that "terrorism is a method, not an identity." Nothing and no law could possibly prevent any free people from being stripped of their creativity when it comes to fighting for what they think is important. To attempt to target a "methodology" is like shooting at ghosts. Instead, they have to target people believed to be capable of using a methodology. It's just an inch or two away from "crimes of thought."

    There are other nations that have been dealing with "terrorist activity" in the past and their reaction has been nothing so drastic as what is happening in the US. They treat the activity as they would any crime. This is exactly how the US should be responding. There must be a way to fight crime without taking civil liberties and government transparency further from the public's eye.

    The next round of elections will not come soon enough for me. I still have hopes that the damage can be reversed.

  5. It seems like by irimi_00 · · Score: 3, Insightful

    If this helps prevent another 911 (which, admittedly, there is a potential it may not), then maybe it isn't such a bad thing.

    1. Re:It seems like by wes33 · · Score: 5, Insightful

      Although it may sound callous, 911 was not a major loss of life (compare traffic accidents or the number of people who die from malaria, or just the number of people murdered every year). You are throwing away your LIBERTY. The 911 criminals are just criminals - they and their ilk can be handled by the criminal justice system. You do not need Dictatorship America. One has to wonder about a hidden agenda here.

  6. Why not just suspend that pesky Constitution? by HangingChad · · Score: 5, Insightful
    For the duration of the war on terror, which will be, essentially, forever. Then we don't have to worry about those silly liberals whining about secret courts, holding people in secret prisons without charges or access to a lawyer and we can wiretap everyone without a warrant.

    There were compelling reasons for secrecy even back in the day the Constituion was originally drafted, yet the framers thought it more important for the government not to operate in secret.

    We didn't have the mis-named Patriot Act before 9-11 and the FBI and CIA had ample warning about the 9-11 hijackers. We KNEW about some of them going to flight school and didn't act on it. We had ample intelligence before 9-11 and law enforcement had enough power to pick them up if anyone had bothered to act on the FBI field report about potential terrorists in flight school. So why is it the government needs all these additional secret powers and wire tip authority now?

    The real compelling reason for Republicans to want secrecy is because they've all but thrown accountability out the window. When there's no accountability, then you damn sure don't want transparency.

    And do not give me any of that bullshit about the Democrats not being any better. All this is happening with a Republican House, Senate and White House and it's been that way since 2000 and you've had Congress since 1994. It's time to admit that if this country is in a bucket of shit it's because of the REPUBLICANS! Not the Democrats, not the liberals...the problem is YOU.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  7. There IS NO LAW by fishbowl · · Score: 4, Insightful

    It's a fallacy to think that there is anything which the current administration cannot get away with, law or no law. The outrage is already to the threshold where people are talking in terms of "impeaching the President", which is the ultimate consequence short of a violent coup... And it is not going to happen.

    So what do people imagine the current administration cannot do? Obviously there are outrageous things they could do which might affect the loyalty of the military system that keeps them in power, or that could sever the ties to the financial supporters, but they aren't going to do anything of that nature.

    The people aren't going to act, at least not in significant numbers, and certainly not with real hostility. Congress isn't going to destroy this government, not even if the House turns over to the opposition party next January. And other countries aren't going to band together to wage war against the US, not to liberate Iraq from the US, and absolutely not in response to US *domestic* policy.

    So tell me again, what is it that stops the executive administration from operating precisely as a term-limited dictatorship?

    The real fun starts when this administration hands over all this newly asserted power to the next one -- equally likely to be a liberal democrat or a moderate republican. Either way, somebody new gets all this amazing unprecedented power that nobody ever seems to have discovered before Bush.

    If Bush has a legacy, that's it: The President of the United States, formerly believed to be under severe constraints, actually has unlimited power as long as he can protect himself from assassinations and as long as he has a strongly aligned partisan majority in both houses of congress. Even when most of the people in the country are vehemently (but not violently) opposed to his government, and even when there is a widespread belief that he should be removed from office, it has no meaning at all, and certainly is no contraint on the president's actions, either in making domestic policy, or in waging wars of aggression.
    Even if the money to fight these wars is borrowed from five generations in the future, he gets away with it. Lives another day. Isn't removed from power. Has a military that continues to follow orders from the chain of command, as opposed to turning against it. Faces no military or economic opposition from any other nation. That sort of thing. Get it?

    --
    -fb Everything not expressly forbidden is now mandatory.
  8. Re:Homeland Security Okay's Closed Proceedings by LordLucless · · Score: 4, Insightful

    Everything the government does should be held to public scrutiny.

    True. But it doesn't have to be real-time, and it shouldn't be. Publishing all a nation's defence strategies is a bad idea in a time of war. Publishing, say, the patrol roster for border patrols would not be a good idea. Informing everyone that a particular power plant is currently unguarded and unprotected is not a good idea.

    Groups such as this should be able to hold closed meetings. Otherwise the whole point of the group - to determine what critical infrastructure is vulnerable and to better defend it - is undermined. The proceedings of the meeting should be made available in, say, two years time - if a vulnerable piece of critical infrastructure is still vulnerable after two years, this group isn't doing it's job.

    I don't know the law in this case, but I would be surprised if that is not already the way it works. Even top secret information is declassified eventually.

    --
    Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  9. Re:Homeland Security Okay's Closed Proceedings by eosp · · Score: 5, Insightful
    True. But it doesn't have to be real-time, and it shouldn't be. Publishing all a nation's defence strategies is a bad idea in a time of war. Publishing, say, the patrol roster for border patrols would not be a good idea. Informing everyone that a particular power plant is currently unguarded and unprotected is not a good idea.

    Usually we call this "security through obscurity".

    1. We shouldn't be fighting a war if the people don't agree with it.
    2. If a particular power plant is currently unguarded and unprotected, then FIX IT! If there's a security problem, then having it out in the open will get something done about it.

    Groups such as this should be able to hold closed meetings. Otherwise the whole point of the group - to determine what critical infrastructure is vulnerable and to better defend it - is undermined. The proceedings of the meeting should be made available in, say, two years time - if a vulnerable piece of critical infrastructure is still vulnerable after two years, this group isn't doing it's job.

    If it was better defended in the first place, we wouldn't need to hold closed meetings.

    I don't know the law in this case, but I would be surprised if that is not already the way it works. Even top secret information is declassified eventually.

    Tell that to Bush and his domestic wiretapping program.

    Apologies if this came off as trollish or standoffish.

  10. Luckily, the USSR always gave a 15-day warning! by NMerriam · · Score: 5, Insightful

    Making the meetings public would amount to "giving our nation's enemies information they could use to most effectively attack a particular infrastructure and cause cascading consequences across multiple infrastructures," another departmental advisory council warned in August.

    As I recall, in 1972, we were in the midst of fighting a Cold War that had, as a very real possible consequence, the end of life on Earth as we know it. We were fighting against a highly organized and well-funded enemy that had thousands of spies at all levels of government and industry, sleeper agents ready to be called on when necessary, and military capabilities that made us legitimately doubt whether we would prevail in any conventional armed conflict. An attack from their formidable stockpiles of intercontinental ballistic missiles would give us less than an hour to pray to the God of our choice before the sun vanished and our component molecules were suddenly and violently redistributed into the ash that would, hopefully, someday support life again.

    And yet, even with this Sword of Damocles hanging over our very survival, we had the conscience and foresight to realize that while we cannot control the behavior of those who would be our enemies, we can control ourselves, and refuse to sacrifice the ideals we believe more important than life in the vain hopes that by abdicating oversight of our government we will somehow gain immunity from outside aggressors.

    I find it the greatest irony of all that those in power right now, who present themselves so vaingloriously, act with such great cowardice. Their willingness to preemptively sacrifice the ideals we hold dear is an insult to the oaths they took, and the people who trust them with their lives.

    No bomb is capable of destroying the historical significance of the Constitution, the concept of modern representative democracy, religious freedom, free speech, or the notion that man has the right and responsibility to govern himself by reason. Yet we find ourselves in the peculiar position of surrendering these, our most valuable possessions, in the vain hope that they will purchase us safety, when we know with certainty that such safety is a chimera, that our lives will always be in danger so long as we espouse such dangerous ideas.

    It does not take courage to hide in a shelter, to stifle dissent or cut yourself off from contrary opinions. It does not take courage to meet in secret, to persecute those who are different, to deny the humanity of those who oppose you.

    What takes courage is knowing there are people in this world who hate you so much they will kill you, and to still get up in the morning and walk out the front door, refusing to change your life or your beliefs due to fear. We knew this after September 11th, we were even told this at the time by our leaders, but for some reason both they and we have lost sight of such a simple insight.

    --
    Recursive: Adj. See Recursive.
    1. Re:Luckily, the USSR always gave a 15-day warning! by David+Rolfe · · Score: 3, Insightful

      > In a war of "anything goes", "save my ass first" law comes before "save my constitutional right" law.

      Hey, quick question: When will the war be over so I can have my freedom back?

      --
      Read Heinlein's 1953 Revolt in 2100, now more than ever.
  11. Re:Homeland Security Okay's Closed Proceedings by rbochan · · Score: 4, Insightful

    Everything the government does should be held to public scrutiny...

    You're not taking into account the neo-con ideology...
    Women who willingly, even enthusiastically give the president blow jobs should be part of the public record, because the people have the right to know, but security matters and powerful industrial representatives who meet with the administration in secret should have the meetings, the attendees, the topics and effects of those meetings kept secret, because that would interfer with the ability to the government to conduct the people's business without public scrutiny.

    Take that, Osama!

    --
    ...Rob
    The American Dream isn't an SUV and a house in the suburbs; it's Don't Tread On Me.
  12. expediency yes, but within the rule of law by mr_burns · · Score: 5, Insightful

    What I'm worried about is it being so easy to close a meeting that it becomes routine.

    Right now we have one safeguard: It's a pain in the ass to wait 15 days so people would mostly rather keep meetings open than close them. Unless absolutely necessary.

    And I understand the probable necessity of having a closed meeting on short notice.

    Where I have a real issue is the way that DHS has decided to work around this conflict. You can't just up and decide that the law doesn't apply to you. You can't decide to just break the law if it doesn't suit you. If the circumstances under which the law was created have changed, maybe it's time to change the law. Go to Congress, tell them how the law hasn't kept pace with reality and ask for changes. Better yet, suggest some.

    Here's my suggestion: keep the 15 days notice the way it has been. However, in the case that the meeting has to be held much sooner than that and be closed, you have to do more than just give notice. You may have to have a counterpart in a different branch of government review an "emergency closure request" or somesuch and OK it. Maybe add a sunset provision in there where after a certain amount of time there will be a review (with a comment period) to decide wether or not the meeting stuff should remain closed. If the review isn't held, the stuff is automatically opened.

    See, it isn't that complicated. DHS gets what they need to do their job. There is a check against the power from another branch and we have a mechanism to regain transparency after the fact.

    But did DHS even ask Congress or entertain the notion? I don't have the answer to that. What I do know is that the President, DHS, the whole danged government and the general populace don't get to decide which laws do and do not apply to them. They can't selectively choose to obey this law and disobey that law. No matter what the percieved necessity may be.

    And this has been happenning at an increasing pace in our executive branch as of late. It's criminal, anAmerican and unacceptable.

    Sheesh, DHS... all you have to do is ask. We'll listen. But if you give up on the rule of law... you'll lead us down a path to anarchy or totalitarianism. And you know what... that's a bigger threat to America than Al Qaeda could ever hope to be. Don't do their work for them.

    --
    "Let him go, Ralph. He knows what he's doing." --Otto Mann (simpsons)
  13. Re:I'm eno2001. Who the HELL are You? by jrockway · · Score: 3, Insightful

    > I recommend that people read what you wrote with a large degree of suspicion.

      I recommend that people read all slashdot comments with a large degree of suspicion. In fact, I recommend that people read everything with a large degree of suspicion.

    --
    My other car is first.
  14. Re:Homeland Security Okay's Closed Proceedings by LordLucless · · Score: 4, Insightful

    Usually we call this "security through obscurity".

    In the real (ie: non-digital) world, security by obscurity is often the most effective sort. If you don't want your troops bombed, don't let the enemy know where they are. If you don't want your weaknesses exploited, don't let anyone know about them until they are no longer weaknesses.

    If a particular power plant is currently unguarded and unprotected, then FIX IT! If there's a security problem, then having it out in the open will get something done about it.

    You cannot fix something instantly. Lets say these meetings were open. You discuss at the meeting that a power plant is weakly defended and vulnerable. Because the meeting is open, enemies know this information almost as soon as you do. It then becomes a race to see who gets their units to the power plant first. It would be better to discuss the weakness in a closed meeting, deploy the troops to secure it, and then announce that the plant was vulnerable, and has now been secured. That way you don't announce your weaknesses to your enemy.

    If it was better defended in the first place, we wouldn't need to hold closed meetings.

    Yeah, if everything was perfect, nothing would need fixing.

    Tell that to Bush and his domestic wiretapping program.

    What does domestic wiretapping have to do with declassifying information?

    --
    Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  15. Benjamin Franklin said it first by v1 · · Score: 4, Insightful

    ...but it is true now more than ever.

    Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

    It's not 1984 yet, but it's looking more and more like November of 1983. Scarry stuff.

    --
    I work for the Department of Redundancy Department.