In last night’s State of the Union speech, President Obama called for tax law reforms he says we need. Cato scholars have their doubts about much of what was in the speech, but my interest was piqued by the fact that he said, “Send me these tax reforms, and I will sign them right away.”

You see signing them “right away” would again violate his 2008 campaign promise to post the bills sent him by Congress online for five days before signing them.

That’s a cheeky point, but it is time to focus on campaign promises and their honesty. The beginning of President Obama’s fourth year in office is roughly the beginning of his campaign for another term.

When I first began tracking President Obama’s Sunlight Before Signing promise, I joked with friends that it was career gold because I could write hundreds of blog posts for the next four years without thinking a new thought. Well, it’s not quite that good. This is post thirty-six in the SBS series.

(Each character in that last sentence was a link to a previous post. You can spend a whole day reviewing them!)

Last Thursday, January 19th, was the end of President Obama’s third year, so it’s time to review how he’s been doing with Sunlight Before Signing. It was the president’s first broken promise, and at the mid-point of the term he had popped just above 50% in his compliance.

How has he done in the ensuing year?

Well … meh.

Of the 90 bills that became law in the last year, 55 got the Sunlight Before Signing treatment. That’s a 61.1% average, good enough to earn a middle-school student a D.

At the end of the second year, we did some analysis and graphing to explore the hunch that inconsequential bills get plenty of sunlight and the more important ones do not. We return to that analysis.

Our first look is at compliance with Sunlight Before Signing over time. The updated numbers show essentially the same as they did before. After a first year of outright failure, there has been improvement—nowhere near perfection, just improvement.

(You can also see that Congress’ output dropped dramatically in 2011. That’s a matter of indifference in terms of Sunlight Before Signing—and a good thing if you like limited government.)

Click on the image at right to see a chart of compliance and non-compliance by number of bills over time, then compliance as a percentage of bills over time, and, in the pie chart, that overall compliance figure.

We also investigated previously the hunch that important bills get less sunlight, while unimportant bills get more. Our first proxy for importance—a rough one—was the number of pages in the bills coming to the president. Generally speaking, longer bills are more important than shorter ones. The second set of charts (click on the left) show Sunlight Before Signing compliance and non-compliance over time by number of pages, compliance by percentage of pages, and overall compliance by number of pages. You can see that overall compliance drops well below 50% to about 36%.

Another proxy for importance is the number of final passage votes a bill got in the House and Senate. Generally speaking—and it’s definitely not always true—more important bills are voted on in the House, the Senate, or both. Less important bills go through on voice vote, unanimous consent, and so on. (Sometimes important bills go through without votes because the political balances are so carefully struck. That’s good for Congress “getting things done,” but not good for transparency or your ability to oversee the government.)

Go ahead and click on the image to the right and you can see the charts reflecting Sunlight Before Signing compliance and non-compliance over time with multipliers given to bills getting one or two final votes. That result is not so decisive: compliance drops by a small amount to about 50%.

There’s still time for President Obama to execute on Sunlight Before Signing. He could make a real run at transparency by signalling right now—today—that all bills will get five-days online before he signs them. If Congress wants to finish appropriations this year at the last minute. They had better do that at the last minute plus five days or else the government will shut down.

Maybe that’s a silly idea. Maybe no president in his right mind would do something like that. If so, consider that President Obama promised to do exactly that when he campaigned for the presidency. If he was being fanciful during his last campaign, voters might consider that during his next campaign, just as they consider the credibility of all candidates. President Obama’s transparency promises have been unparalleled. His results … quite paralleled.

Perhaps President Obama is going to limp to the next election without fulfilling Sunlight Before Signing. The president could still score some real transparency points by publishing a machine-readable organization chart for the executive branch, with agencies, bureaus, programs, and projects all uniquely identified for computer processing. That would be big, and it would not be that hard.

In the meantime, here are the Sunlight Before Signing results for all the bills signed into law during President Obama’s third year.

[Brackets indicate a link from Whitehouse.gov to Thomas legislative database]

Sunlight Before Signing, Year Three is a post from Cato @ Liberty - Cato Institute Blog

At a recent Cato event on transparency, I emphasized that there is no federal government “organization chart” published in a way computers can use.

Here’s what I mean:

Appendix C of the Office of Management and Budget’s Circular A-11 is the White House’s definitive public listing of agencies and bureaus, along with their OMB and Treasury codes—unique identifiers for the agencies and bureaus of the federal government.

First problem: It’s a PDF document. To be computer-usable this should be represented in digital form as a lookup table.

But beyond that, it doesn’t follow a coherent organization. There’s an agency code (“200″) called “Other Defense Civil Programs,” for example. There’s obviously no agency called “Other Defense Civil Programs.” That’s a catch-all description, not an agency.

With most agencies, the bureau codes refer to bureaus, such as the Bureau of Land Management (bureau code: “04″) in the Department of the Interior (agency code: “010″), but with respect to the Department of Defense (agency code: “007″), the bureau codes become functional descriptions such as “Military Personnel” (“05″). There is no bureau in the Department of Defense called “Military Personnel.”

Even the most basic organizational information is a hash, and it’s published in PDF, unusable for computer-assisted oversight of the government!

The House appears committed to improving its publication practices. If the administration wants to advance the ball on transparency for its part, it will begin to publish coherent information—starting with basic information about the organization of the executive branch—in machine-readable form, using standardized identifiers. An edict from OMB to harmonize on identifiers down to the program level could be implemented in months, if not weeks.

My recent paper “Publication Practices for Transparent Government” talks about what to do. Our data model for budgeting, appropriating, and spending articulates how government agencies, bureaus, programs, and projects—and the relationships among them—should be represented.

There’s No Machine-Readable Government Org Chart is a post from Cato @ Liberty - Cato Institute Blog

At a recent Capitol Hill briefing on government transparency, I made an effort to describe the importance of getting data from the government reflecting its deliberations, management, and results.

I analogized to the World Wide Web. The structure that allows you to find and then view a blog post as a blog post is called hypertext markup language, or html. HTML is what made the Internet into the huge, rollicking information machine you see today. Think of the darkness we lived in before we had it.

Government information is not yet published in useable formats—as data—for the public to use as it sees fit. We need government information published as data, so we can connect it in new ways, the way the World Wide Web allowed connections among documents, images, and sounds.

And when you connect data together, you get power in a way that doesn’t happen with the web, with documents. You get this really huge power out of it.

Tim Berners-Lee was not thinking of wresting power from government when he said that, but the inventor of the World Web does a better job than I could of arguing for getting data and making it available for any use. We’ll look back on today with bemusement and surprise at the paucity of information we had about our government’s activities and expenditures.

Why Data Transparency? is a post from Cato @ Liberty - Cato Institute Blog

In his final “Chairman’s Corner” blog post as head of the White House’s Recovery Act Transparency and Accountability Board, Earl Devaney highlights the need for orderly publication of data about government spending.

There is bi-partisan legislation now in the Congress—it’s called the Digital Accountability and Transparency Act, or DATA Act—that could accomplish this mission. But the reform bill faces an uphill battle, primarily because some in the bureaucracy prefer the status quo—a hodgepodge of data collection and display sites that, frankly, makes no sense at all unless you believe your government should confuse you.

The DATA Act would establish an independent board within the executive branch to track federal spending, and it would require federal agencies and recipients of federal funds to comply with reporting requirements set up by the board.

The board would “designate common data elements, such as codes, identifiers, and fields, for information required to be reported by recipients or agencies” (section 102 of the reported version, adding a new §3611 to title 31 of the U.S. code). The bill’s author, Rep. Darrell Issa (R-CA), spoke at our September Capitol Hill briefing, rolling out our legislative data model.

On Wednesday, another Cato Capitol Hill briefing highlighted the results of our work the last few months to model federal budgeting, appropriating, and spending. Should the DATA Act become law, the model we’ve been working on can illuminate the work of the proposed board. Use of our model will help ensure that the structure of government spending data supports public oversight use cases.

I don’t know that there needs to be a board—certainly not a permanent one. The bill authorizes more money than I think is required for the board, and the Congressional Budget Office’s cost estimate for implementing the requirements of the DATA Act seems wildly high. But the dynamics set in motion by making government spending more transparent may well reduce government spending by well more than even these high estimated costs.

The DATA Act and Cato’s Transparency Work is a post from Cato @ Liberty - Cato Institute Blog

Remember when you had to wait until the end of the month to see your bank statement?

Last week, on the cusp of failing to pass any annual appropriations bills ahead of the October 1 start of the new fiscal year, congressional leaders came up with a short-term government funding bill (or “continuing resolution”) that would fund the government until November 18th. For whatever reason, that deal (H.R. 2608) wasn’t ready to go before the end of the week, so Congress passed an even shorter-term continuing resolution (H.R. 2017) that funds the government until tomorrow, October 4th.

Every weekend, I hunch over my computer and update key records in the database of WashingtonWatch.com, a government transparency website I run as a non-partisan, non-ideological resource (disclosure: it’s my own, not a Cato project). Then I put a summary of what’s going on into an email like this one (subscribe!) that goes out to 7,000 or so of my closest friends.

Last weekend, the Library of Congress’ THOMAS website, which is one of my resources, was down a good chunk of the time for maintenance. Even after it came up again, some materials such as bill text and committee reports weren’t available. (They had come up by the wee hours this morning.) Maintenance is necessary sometimes, though when the service provider I use for the WashingtonWatch.com email does maintenance, it’s usually for an hour or so in the middle of a weekend night.

But when I went to update the database to reflect last week’s passage of H.R. 2017, I could find no record of its public law number. When a bill becomes a law, it gets a public law number starting with the number of the Congress that passed and then a sequential number, like Public Law No. 112-29. The Government Printing Office’s FDsys system lets you browse public laws. At this writing, it isn’t updated to reflect the passage of new laws last week. When THOMAS came back up, its public laws page also had no data to reflect the passage of that continuing resolution last week (and still doesn’t, also at this writing).

There is barely any news reporting on humdrum details about governing like the passage of a law expending $40 billion in taxpayer funds. (That’s about what H.R. 2017 spends to operate the government four more days, roughly $400 per U.S. family.) Where can you confirm with an official source that this happened?

The winning data resource this week, if by default, is Whitehouse.gov, which has a page dedicated to laws the president has signed. That page says that President Obama signed four new laws on Friday (Sept. 30). When might FDsys or THOMAS reflect this information? It’ll happen soon, and that data will start to propagate out to society.

But I think that’s not soon enough. A couple of days’ delay is a big deal.

If I were to take $400 in cash out of my bank account at an ATM, I could review that transaction from that instant forward on my bank’s website. If I had a concern or even a passing interest, I could just go look. That is an utterly unremarkable service in this day and age.

But it’s remarkable that such a service doesn’t exist in systems that are as important as our bank accounts. When Congress and the president pass a bill to spend $40 billion dollars, the fact of its passage is pretty much undocumented by any official sources until enough Mon-Fri, 9-to-5 work hours have passed.

In my recently published paper, Publication Practices for Transparent Government, I go through the things the government should do to make itself more transparent (thus improving public oversight and producing lots of felicitous outcomes). A practice I cite is “real-time or near-real-time publication.” Why? Because then any of the 300 million Americans who have an interest, real or passing, can see what is happening with their money as it happens, just like they can with their bank holdings. People like me (and many more) can propagate complete and timely information, making it that much more accessible.

When you’re talking about a potential audience of 200 million people and $40 billion in expense (one of the tiniest spending bills—others are much larger), it is not too much to ask to have the data published in real time.

I don’t expect a lot of people to join me at the barricades with pitchforks and torches on this one. Government transparency is an area ruled by implicit demand. People don’t know what they are missing, so they don’t know to suffer a sense of deprivation. I do that for them—all of them. (Heroic, idn’t it?)

Before too long, though, the government’s opacity will be recognized as a contributor to the public’s general—and strong—distaste for all that goes on in Washington, D.C. The idea of spending $400 per U.S. family without documenting every detail of it on the Internet will seem as absurd as waiting until the end of the month to see what happened in your bank account.

Transparency and Its Discontents is a post from Cato @ Liberty - Cato Institute Blog

The controversy over the ATF’s ill-conceived scheme to “walk” guns across the border with Mexico finally resulted in the removal of one high-ranking official: Acting Director Kenneth Melson. The U.S. Attorney for Minnesota, Todd Jones, will fill the position for now.

A quick review:  ATF supervisors ordered agents to facilitate firearm sales to known or suspected “straw buyers” that intended to move the guns across the border and give them to drug cartels. Gun dealers in the U.S. reported the suspicious transactions to the ATF, expecting to cooperate in apprehending the gunrunners. As it turns out, the suspect buyers had disqualifying conditions that should have shown up in federally mandated instant background checks…but didn’t. The firearms trafficked across the border predictably showed up at crime scenes, including those involved with the murder of a Border Patrol agent, an ICE agent, a Mexican military helicopter shoot-down, and other murders on both sides of the border.

If you’re a private citizen, this sort of thing gets you 30 years in prison. If you’re a whistleblower within ATF, you get terminated. If you’re a supervisor responsible for such a scheme, you get promoted reassigned to ATF headquarters.

This ATF scheme broke numerous firearm laws, possibly the Arms Export Control Act, and facilitated multiple murders. The end result this litany of crimes and persistent ATF and DOJ stonewalling congressional investigations cannot simply be Melson’s removal and replacement with a DOJ official who may also have been complicit in the gun-running scheme.

Meanwhile, the multiple long-gun sale reporting mandate that I wrote about last year, which imposes conditions on gun dealers in border states in violation of federal law, has been implemented by the ATF. This was almost certainly one of the goals of the “gun control for the sake of Mexico” push we’ve seen for over two years, even though the numbers of private arms in cartel hands are far lower than we’ve been told, ATF efforts notwithstanding. ATF headquarters is throwing a party to celebrate the latest round of illegal action.

Melson’s departure is certainly warranted, but we’re a few indictments and many terminations short of justice, in my mind.

Removing Melson Will Not Fix the ATF is a post from Cato @ Liberty - Cato Institute Blog

High drama in Miami. Carlos Miller provides a good summary (H/T Radley):

Miami Beach police did their best to destroy a citizen video that shows them shooting a man to death in a hail of bullets Memorial Day.

First, police pointed their guns at the man who shot the video, according to a Miami Herald interview with the videographer.

Then they ordered the man and his girlfriend out the car and threw them down to the ground, yelling “you want to be fucking paparazzi?”

Then they snatched the cell phone from his hand and slammed it to the ground before stomping on it. Then they placed the smashed phone in the videographer’s back pocket as he was laying down on the ground.

And finally, they took him to a mobile command center where they snapped his photo and demanded the phone again, then took him to police headquarters where they conducted a recorded interview with him before releasing him.

But what they didn’t know was that Narces Benoit had removed the SIM card and hid it in his mouth, which means the video survived.

Here is the video:

There’s more at the Miami Herald. For more on this trend, check out Reason’s coverage of the war on cameras and this Cato forum with the Maryland prosecutor who tried to prosecute a motorcyclist for recording a state police officer that performed a traffic stop at gunpoint. Cato’s video Cops on Camera discusses the accountability that citizen journalism can bring to law enforcement.

The War on Cameras Continues is a post from Cato @ Liberty - Cato Institute Blog

The Obama administration’s record on open government isn’t so hot, but the State Department expects the utmost in transparency from anyone applying for a passport. Here are the details on a proposed passport application:

The proposed new  Form DS-5513 asks for all addresses since birth; lifetime employment history including employers’ and supervisors names, addresses, and telephone numbers; personal details of all siblings; mother’s address one year prior to your birth; any “religious ceremony” around the time of birth; and a variety of other information.  According to the proposed form, “failure to provide the information requested may result in … the denial of your U.S. passport application.”

This document is only intended for those who do not have a birth certificate, so additional scrutiny is warranted. But compliance with the form is a mixture of the difficult and the impossible. Security clearances generally only require employment and residence information going back seven or ten years, but this form asks for a lifetime accounting of both. Providing details on the circumstances of your birth is asking a lot – but a listing of pre-natal appointments?

To cap it off, the State Department estimates that the average person will only require 45 minutes to compile the information for this form.

Not the Transparency I Was Hoping For is a post from Cato @ Liberty - Cato Institute Blog

The controversy over citizens getting arrested for recording on-duty law enforcement officers is prompting legislation. Connecticut has a two-party wiretap law (the audio of a recording is the justification for arrest) and is looking to pass a statute that specifically protects citizen journalism. This is preventive medicine more than anything — Maryland, Illinois, and Massachusetts have been the chief offenders — but a welcome development nonetheless.

The headset cameras I’ve written about are going to make their reality TV debut on Police POV on the TruTV network. The series will show footage of officers in Cincinnati, Chattanooga, and Fort Smith, Arkansas, all filmed with cameras mounted on the officers. The promotional footage shows at least one SWAT raid, proof positive that if you’re willing to strap on a helmet and 45 pounds of body armor and gear, a couple of extra pounds of camera aren’t a bridge too far, and ought to be required.

While Radley Balko has highlighted some shenanigans with police reality TV shows, creating a new normal where officers not only accept the prospect of being filmed on the job but embrace the technology for evidentiary and liability reasons is a step in the right direction. I make the case for more cameras in law enforcement operations with Radley and Clark Neilly in this video:

Cops and Cameras: Legal and on TV is a post from Cato @ Liberty - Cato Institute Blog

Jim Harper has done a lot of work on the Obama administration’s efforts to be more transparent, especially with regard to “sunlight before signing,” earmark data, and FOIA compliance. The Obama administration could do a lot more on the FOIA front.

The Transactional Records Access Clearinghouse (TRAC) recently added a FOIA Project, which lists all FOIA requests that have become the subject of federal litigation since October 1, 2009. This includes an interactive FOIA Map that lets you zoom in and locate lawsuits across the United States.

TRAC has proven an invaluable resource for tracking federal government activities, and has been litigating FOIA requests for years. A recent Supreme Court decision, Milner v. Department of the Navy, reduced the ability of government agencies to withhold data under FOIA exemptions. Undeterred, an Immigration and Customs Enforcement official “informed TRAC that those who had requested and been denied access to documents under the FOIA prior to the court’s ground-breaking decision was rendered had no right to obtain them.” More details are available here.

It’s pretty bad when ICE is hiding behind procedural barriers to sidestep FOIA requests; it’s another ballgame entirely at the Department of Homeland Security. DHS officials tried to turn the objective standard of FOIA — disclosure to one is disclosure to all — into a subjective one, looking into the political beliefs of the requester to avoid embarrassment for DHS. An email trail shows how a former Obama staffer asked DHS employees to redact “politically sensitive” details from FOIA releases. Obama officials defended DHS’s FOIA policy in congressional hearings, and a DHS attorney tried to remove exhibits from the hearings. His explanation:

“As counsel for DHS, I object to counsel for the committee’s refusal to allow exhibits they had shown to the witness and that all are e-mail messages from DHS personnel to DHS personnel on their official DHS-issued accounts and use of e-mail services. These are not committee records, these are, rather, DHS records; and so there is no reason the committee should be able to prevent us from taking them, since they have shown them to the witness and used them in this interview.”

The Obama administration declared that it would be “the most open and transparent in history.” It is falling well short of the mark.

The Obama Administration’s FOIA Compliance is a post from Cato @ Liberty - Cato Institute Blog

The police in Austin, Texas will be testing nine different body-mounted cameras over the next 30 to 60 days. This is a positive development for both officers and citizens. It’s good legal defense for officers against false claims of excessive force and a training tool to show trainees best practices. It’s good incentive for officers to act within the bounds of the law. Video also makes for solid evidence in court. Many jurisdictions require law enforcement officers to record confessions and/or interrogations. Steve Chapman argued last year that the FBI should adopt such a policy.

Recording should be mandatory in SWAT raids, the most intense law enforcement encounters. I make the case for recording SWAT operations with Radley Balko and Clark Neily in this video:

Cop-Cams on the Rise is a post from Cato @ Liberty - Cato Institute Blog

For years I have told anybody who would listen how U.S. efforts to stabilize Afghanistan contribute to Pakistan’s slow-motion collapse. Well it appears that my take on the situation was not so over-the-top. Amid some 250,000 confidential diplomatic cables released by online whistleblower Wikileaks, former U.S. ambassador to Pakistan Anne W. Patterson warned in cable traffic that U.S. policy in South Asia “risks destabilizing the Pakistani state, alienating both the civilian government and the military leadership, and provoking a broader governance crisis without finally achieving the goal.”

On one level, this cable underscores what a disaster American foreign policy has become. But on another level, the leak of this and other cables strikes me as completely odd and slightly scary. How did Pfc. Bradley Manning, who stands accused of stealing the classified files from Siprnet and handing them to Wikileaks founder Julian Assange, obtain access to these files in the first place? How does a young, low-level Army intelligence analyst gain access to a computer with hundreds of thousands of classified documents from all over the world?

After 9/11, the government made an effort to link up separate archives of government information. In theory, anyone in the State Department or the U.S. military can access these archives if he has: (1) a computer connected to Siprnet, and (2) a “secret” security clearance. As Manning told a fellow hacker: “I would come in with music on a CD-RW labeled with something like ‘Lady Gaga’ … erase the music … then write a compressed split file. No one suspected a thing… [I] listened and lip-synched to Lady Gaga’s ‘Telephone’ while exfiltrating possibly the largest data spillage in American history.” Manning said he “had unprecedented access to classified networks 14 hours a day 7 days a week for 8+ months.”

I’m all for less government secrecy, particularly when U.S. officials are doing bizarre things like tabulating the biometric data of various UN officials, the heads of other international institutions, and African heads of state. That these supposedly “confidential” communications were so easily leaked highlights the appalling ineptitude of our unwieldy national security bureaucracy. Indeed, the phenomenon of Wikileaks says as much about government policy as it does about government incompetence.

Wikileaks Sheds Light on Government Ineptitude is a post from Cato @ Liberty - Cato Institute Blog

UPI is reporting that the Taser Corporation is selling cameras that mount on their stun guns.

The cameras automatically turn on when the Taser is removed from its holster and its safety device is released.

“Video is going to help the officer,” said Cmdr. Steve Wilkinson, internal affairs investigator for the West Melbourne (Fla.) Police Department. “And if you don’t record it, the kid down the street with a cellphone is going to use it.”

As I wrote in this post and said in this video and this forum, this is the future of law enforcement. Taser-mounted (or handgun-mounted) cameras can show the circumstances leading up to a use of force and prevent lawsuits where force was justified. The camera’s presence on a weapon, however, can provide officers an incentive to present the taser or handgun sooner rather than later. Departments would be better served with head-mounted cameras, which are also likely to capture more of the events before an officer employs physical force. Expect more of this as these devices become cheaper (and tamper-proof).

Regardless of the form, use of recording technology to provide more transparency and accountability in law enforcement is a good thing.

Taser Cameras is a post from Cato @ Liberty - Cato Institute Blog

A regular, established practice of posting bills online when they’re sent him by Congress would fulfill President Obama’s Sunlight Before Signing promise, made to roars of applause on the campaign trail. It would allow Americans easy access to the most important part of what Congress and the president do.

But posting bills before Congress passes them, getting a jump on the five days of public review the president promised, seriously undercuts the value of Sunlight Before Signing.

This morning, Whitehouse.gov is displaying on its pending legislation page a link to “H.R. 1586 – To impose an additional tax on bonuses received from certain TARP recipients.” This bill has not been passed by both houses of Congress nor presented to the president.

H.R. 1586 is a “shell bill” that Congress has been batting back and forth, and it has covered various subject matters in its busy life. It indeed started out as a bill to tax the bonuses of executives in TARP-subsidized firms. When it passed the House, though, it had become the “Aviation Safety and Investment Act of 2010.” And this week it was amended in the Senate to contain a potpourri of spending and revenue programs. (WashingtonWatch.com cost estimate: $125 per U.S. family.)

Lets say a high schooler has been assigned by her teacher to monitor the bills President Obama receives from Congress. From the White House’s pending legislation page, she clicks on a link to find a bewildering hodgepodge of bill versions on the Thomas page for the bill. (Click on the image at right to see a screen capture.)

And none of the bill versions has passed Congress! Thomas, the Library of Congress’ legislative tracking service, tells visitors that the last bill listed is most recent. But the current version of the bill is item four of six, referred to as the “XXXXXXAct ofXXXX.” Thanks to Whitehouse.gov, our high schooler is misled into believing that President Obama will soon sign a tax on bonuses given to TARP-slurping executives when in fact a variety of other policies may soon pass.

The promise to post bills online for five days was a simple, common-sense transparency rule. It’s flabbergasting to find that it can’t be carried out in a simple, methodical way to give life to the idea that the people are entitled to oversee the government.

You get a bill from Congress, you post it. You wait five days, you sign it. Promise fulfilled! It’s not rocket science. Pre-posting is not OK.

Sunlight Before Signing—Pre-Posting Is Not OK is a post from Cato @ Liberty - Cato Institute Blog

I finally found the time to go through the WikiLeaks’ Afghan War Diary entries containing accounts of my 2004 tour in Afghanistan (my third tour; appropriate bio and disclaimer can be found here).

I am underwhelmed. I am not sure what Julian Assange thought the release of these documents would tell people about the war in Afghanistan, beyond the fact that people are shooting at each other and that, generally speaking, war is Hell. If I identified the entries associated with my service in Afghanistan, you would read summaries of the firefights and rocket attacks that my unit faced, with metrics of rounds fired and received and associated casualties.

Parallel to Noah Schachtman’s excellent write-up contrasting his experiences while embedded with Marines in Helmand Province versus what WikiLeaks provides, you would have little visibility on the actual maneuver of troops, the relationship that they have with the populace, and the effectiveness of Afghan forces. Reading WikiLeaks alone would give you a picture of the Afghan War that falls short of what you can get from normal press outlets.

This skewed portrait of our policy comes at no small price. The identification of our intelligence contacts and sources is sure to put their lives in danger, as Steve Coll and (more importantly) Taliban spokesmen point out.

Unfortunately, Assange has taken Afghan War policy as an acceptable loss as well, no matter how you define it. Whether you support a COIN-centric approach, a reduced footprint in Afghanistan, a counterterrorism model, or even letting the CIA run the war, this is a disaster. This release of information is actually more damaging to downsizing strategies, since we will end up leaning on tribal alliances and intelligence assets more, not less.

Assange is facilitating the deaths of our intelligence contacts because he believes that the benefits outweigh the cost of their lives. That’s mighty rich, coming from a guy who labeled a 2007 case of mistaken identity in Iraq that resulted in the death of civilians as “collateral murder.” In that case, helicopter pilots misidentified a reporter’s zoom lens as the tail end of an RPG launcher, but armed men were in the reporters’ entourage that may have independently met the criteria for using force under the rules of engagement.

That’s (possibly) a mistake in the distinction of combatants, not an intentional approval of the loss of innocent life that is deemed acceptable in proportion to the direct military advantage anticipated. The latter is the definition of collateral damage, and Assange seems to have no problem with asserting his moral judgment in this realm.

Collateral murder, indeed.

Collateral Murder, Indeed is a post from Cato @ Liberty - Cato Institute Blog

The Associated Press is reporting that persons filing requests under the Freedom of Information Act (FOIA) with the Department of Homeland Security during the last year faced scrutiny beyond what the law requires.

Career employees were ordered to provide Secretary Janet Napolitano’s political staff with information about the people who asked for records — such as where they lived, whether they were private citizens or reporters — and about the organizations where they worked.

If a member of Congress sought such documents, employees were told to specify Democrat or Republican.

This, despite President Barack Obama’s statement that federal workers should “act promptly and in a spirit of cooperation” under FOIA, and Attorney General Eric Holder’s assertion: “Unnecessary bureaucratic hurdles have no place in the new era of open government.”

The White House separately reviewed FOIA requests to see documents about spending under the $862 billion stimulus law. Read the whole thing.

DHS FOIbles is a post from Cato @ Liberty - Cato Institute Blog

The USA Today editorial board is criticizing the use of state wiretapping laws to prosecute citizens who tape on-duty police officers. I have written on this extensively: here, here, here and here. The editorial joins the Washington Examiner and Washington Post in this critique.

USA Today’s opposing view (presented by two AFL-CIO police union officials) provides this comment:

In today’s environment, police officers have to assume that every action they take is captured on tape, somewhere. They must be comfortable that everything they say or do in the course of their duties may be shown on the 5 o’clock news.

Our problem is not so much with the videotaping as it is with the inability of those with no understanding of police work to clearly and objectively interpret what they see. Videotapes frequently do not show what occurred before or after the camera was on, and the viewer has no idea what may have triggered the incident or what transpired afterwards.

This is often true. The recordings that prompt public outcry are sometimes “gotcha” moments where the camera only captures the use of force with no context.

Here is an example from Maryland that shows officers arresting a woman during the Preakness Stakes. At the end of the video, an officer says to the person recording the arrest: “Do me a favor and turn that off. It’s illegal to videotape anybody’s voice or anything else, against the law in the state of Maryland.”

As the USA Today editorial notes, this is a misreading of Maryland law that is kept alive by the prosecution of Anthony Graber and others who record the police. My commentary on the issue is here. As Carlos Miller points out, Maryland prosecutors come to different conclusions about the scope of the state’s wiretap law.

The real problem (besides the fact that the officer is misstating the law to prevent public accountability) is that the officer felt it necessary to stop the filming in the first place. This arrest was justified. The woman bleeding on the floor assaulted another patron, and when two officers responded to the incident, she assaulted them as well. This was a justified and necessary arrest. Whether the level of force was justified is another question, and one that is harder to assess because there is no recording of it.

Here is the solution – officers recording the incidents:

A handful of police departments already have their officers wearing video and audio recording devices. While I said a while ago that gun-mounted cameras are a good tool for police transparency and accountability, this head-mounted camera is a better option. It captures the prelude to the use of force, and doesn’t provide an incentive for the officer to draw his or her weapon sooner to get the event on film.

This is the future of American law enforcement. Departments will embrace this technology because it is a defensive measure against public outcry over the next “gotcha” video filmed with a cell phone and potential lawsuits. Law enforcement agencies will release their own footage of high-publicity events to show that their officers were complying with department guidelines on the use of force. The presence of a camera in an interaction between a cop and a citizen may also serve to keep behavior more civil since both parties know that the world is watching.

In 10 or 15 years, this technology will be ubiquitous just as police cruiser dashboard cameras are now, and law enforcement officers and the public will be better off for it.

Cops and Cameras: The Future of Policing is a post from Cato @ Liberty - Cato Institute Blog

I wrote the other day that it was poor implementation of President Obama’s Sunlight Before Signing promise to post bills for public review before Congress has sent them to the president. (The ideal time to start the Sunlight Before Signing five-day clock is “presentment,” the formal step when Congress sends a bill to the president.)

Today, three bills that have not been presented to the president are posted on Whitehouse.gov as if they are ready for him to sign. (One of them, S. 1508, has been cleared for the president, but not presented. The other two haven’t seen final votes in Congress.)

(Update: Later this morning, a fourth bill was added. H.R. 5502 has been passed by the House and Senate and cleared for the White House, but not presented, according to the Thomas legislative reporting system. It may be that the bill has been presented, but the fact is not yet reported on Thomas. Similarly, H.R. 4173 did have its final vote in Congress yesterday—it was my error to say otherwise—but its presentment is not indicated on Thomas. Based on that, I presume it has not been presented, but I cannot be sure. These facts—ahem—“cloud” this critique of Whitehouse.gov practice.)

They have the notation “In Progress” next to them rather than the date on which they were posted. What that means is lost on me, and I’m a lawyer with years of experience on Capitol Hill and more than a decade in public policy. Where does this leave Joe and Jane Six-Pack?

Transparency is about making public policy accessible to ordinary people so they can oversee their government. This doesn’t help.

Overall, the news remains good. The White House has created an institutional practice of posting bills online for five days before the president signs them, as he promised he would do. Perhaps it’s because we’re coming so close to full implementation of an important transparency promise that it’s disappointing to see this odd detour into posting bills that are not ready for the president’s signature.

Sunlight Before Signing . . . Clouded is a post from Cato @ Liberty - Cato Institute Blog

Several people videotaped the arrest of a belligerent woman at the Preakness Stakes and posted it online. The woman assaulted another patron of the race and two officers during her well-deserved arrest.

The criminalization of citizens’ recordings of the arrest, which culminates in the woman lying face down and bleeding, is a different matter.

Toward the end of the video, posted on YouTube (warning: violence and language), a police officer approaches the person filming the arrest and says, “Do me a favor and turn that off. It’s illegal to videotape anybody’s voice or anything else, against the law in the state of Maryland.”

Unfortunately, the officer was right.

The Maryland wiretapping law makes it illegal to record a conversation without the consent of all parties involved. The Preakness incident sparked a debate about the wisdom of a law that makes it illegal to provide public accountability of police actions.

This is the latest in a rash of incidents where Maryland police were recorded while using force or making arrests. While the Maryland law makes an exception for police to record their encounters with citizens, Maryland law enforcement officers will arrest and indict anyone who records their encounter with the police.

Case in point: Anthony Graber was riding his motorcycle and recording the experience with a helmet-mounted camera. He was riding recklessly and beyond the speed limit, which warranted a citation, but not his detention by a Maryland State Police officer at gunpoint and the trooper not first identifying himself as an officer of the law. The first few seconds of the encounter look like a carjacking, not enforcement of traffic laws. Graber posted his interaction with law enforcement officers on YouTube and was arrested for it. He now faces felony charges under the wiretapping statute, and prosecutors sought $15,000 bond for a crime that carries a maximum $10,000 fine. The judge reportedly questioned the charges at the bond hearing. Graber goes to trial on June 1st.

This is a questionable policy in the same state where excessive use of force against a University of Maryland student resulted in discipline and possible criminal charges for three Prince George’s County officers. The same jurisdiction knew that Berwyn Heights Mayor Cheye Calvo may have had nothing to do with a drug trafficking ring, but raided his home at gunpoint anyway, terrorized his family, and shot his dogs. The result of the raid was that there was no wrongdoing by Calvo and his family.

The Maryland wiretapping law is itching for an update. It’s time for the Maryland code to stop acting as a barrier to transparency in law enforcement operations.

Police Accountability in Maryland is a post from Cato @ Liberty - Cato Institute Blog

I’ll present a short paper and lead some discussion on federal spending transparency today at an OMB Watch conference entitled “Strengthening Federal Spending Transparency: A Working Conference to Develop a Plan of Action.”

My paper is called “Federal Spending Transparency: Unlocking the Power of Abstraction.” It builds on lessons I learned from developing the Earmarkdata.org model aimed at getting earmark information out of Congress.

Information scientists will find the paper amateurish and riddled with imperfections. Policy people will find it obscure and dense. That’s what you get when you translate between two languages and cultures.

The goal:

Each piece of the policy making process—the budgets, bills, votes, etc.—should originate as structured data, feeding directly into the information infrastructure that the transparency community creates. A budget should come out not just in paper and PDF versions, but as a data set containing all the meaning that exists in the physical documents.

Make sense? If not, you’ll want to get yourself to where it does.

Federal Spending Transparency: Unlocking the Power of Abstraction is a post from Cato @ Liberty - Cato Institute Blog