The proposed change to 32 CFR § 285.3 regarding Policy reflects an important presumption that is in keeping with the First Amendment presumption that citizens have access to the branches of government, and, furthermore, the fundamental notion that the government is accountable its citizens.
The US Supreme Court has consistently recognized the right of citizens to access court proceedings, and noted that this access both informs the public on the actions of this branch of government and enhances the fairness of judicial proceedings through public accountability. A government which is accountable to its people is a cornerstone of American Democracy, and is essential to the proper function of any government branch.
The challenge of balancing the secrecy necessary to carry out the mission of the DoD with the accountability necessary to make out government function properly is no doubt easiest resolved by erring on the side of secrecy, especially when mistakes are made which could inflame the public. But a policy of secrecy and a lack of media access has led to a jaded and suspicious public who rely on Wikileaks and other untraditional sources for updates which should be coming from the DoD.
I strongly believe citizens are prepared to weigh the costs and benefits of the activities of the Department of Defense, and, furthermore, that the sensitive and difficult mission with which the Department is tasked demands that it be as accountable as possible to its citizens. This policy update hopefully represents a shift, however small, towards a more accountable DoD which the people of this country can place a certain amount of trust in. Executive Order 13392’s goal of of being “citizen centered and results-oriented” should not be merely to decline requests for information more quickly, but to be more accountable to the people the DoD works to protect.
Comment on DOD-2010-OS-0103-DRAFT-0001
This is comment on Proposed Rule
DoD Freedom of Information Act (FOIA) Program
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