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1995-01-03
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Date: Tue, 15 Dec 1992 13:13:39 EDT
>From: Marc Rotenberg <Marc_Rotenberg@WASHOFC.CPSR.ORG>
Subject: File 1-- CPSR and the Transition
Over the last several years CPSR has worked extensively on access to
government information, the Freedom of Information Act, computer
security policy, and privacy protection.
We have now sent the following recommendations to several transition
team groups. (The "(b)(1) exemption" in the first recommendation
refers to the national security exemption in the Freedom of
Information Act.)
We hope that the new administration will give our proposals full
consideration.
Marc Rotenberg, Director
CPSR Washington Office
rotenberg@washofc.cpsr.org
=============================================
FROM--Marc Rotenberg, CPSR
RE--Classification, Computer Security, Privacy
CC--Policy Group, Justice Cluster
DATE--December 10, 1992
Three issues that the Executive Order Project should
address:
1) Rescind E.O. 12356 (1982 Reagan Order on classification)
The Reagan Order on classification is the bane of the FOIA and
science communities. It has led to enormous overclassification,
frustrated government accountability, and skewed national priorities.
It should be rescinded.
A new E.O. should narrow the scope of classification
authority. It should reduce the classification bureaucracy. And it
should reflect the economic cost of classifying scientific and
technical information, i.e. such information should be presumptively
available. In the FOIA context, the new E.O. should also require
agencies to identify "an ascertainable harm" before invoking the
(b)(1) exemption.
2) Rescind NSD-42 (1991 Bush Directive on computer security
authority)
This directive undermined a fairly good 1987 law (the Computer
Security Act) and transferred authority for computer security from the
civilian sector to the intelligence community. It led to several bad
decisions in the area of technical standard setting (e.g. network
standards that facilitate surveillance rather than promoting security)
and has made it more difficult to ensure agency accountability. It
should be rescinded.
The President could either leave the 1987 Act in place and
issue no new E.O. or he could revise the E.O. consistent with the aims
of the 1987 law, recognizing the recent problems with technical
standard setting by the intelligence community.
3) Establish a task force on privacy protection
The new administration should move quickly on the privacy
front, particularly in the telecommunications arena. The United
States currently lags behind Canada, Japan, and the EC on telecomm
privacy policy. These policies are necessary for the development of
new services and the protection of consumer interests.
An Executive Order on privacy should include the following
elements: (1) the creation of an intra-agency task force with public
participation, (2) a report to the President within 180 days with
legislative recommendations, (3) a procedure for ongoing review and
coordination with Justice, Commerce, State, and OSTP.
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