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Department of Justice Limits Use of State Secrets Privilege: Today, the Department of Justice announced a new policy that limits the government’s use of the state secrets privilege. The state secrets privilege is a rule of evidence intended to prevent genuine matters of national security from being disclosed in open court. However, recently it has been misused by both the Bush and Obama administrations in order to derail litigation completely. For instance, in 2007 EPIC filed a “friend-of-the-court” brief in a warrantless wiretapping case, Hepting v. United States, in which the government argued that the case should be dismissed because it would reveal “state secrets.” Under the new policy, the privilege will be invoked only "to the extent necessary to protect against the risk of significant harm to national security." The Attorney General will also have to approve each determination. The State Secret Protection Act of 2009, legislation with a similar purpose, is now pending in Congress. For more information, see EPIC Open Government. (Sep. 23, 2009)

New Report on Government Secrecy Released: The 2009 Secrecy Report Card, from Openthegovernment.org, chronicles slight decreases in government secrecy during the last year of the Bush-Cheney Administration. The report, released by a coalition of more than 70 open government advocates, also provides an overview of the Obama Administration’s proposed transparency policies. Among the issues discussed are the Open Government Directive, Classified Information, the Freedom of Information Act (FOIA) memo, signing statements, and the state secrets doctrine. For more on open government and transparency, see EPIC Open Government. (Sep. 11, 2009)

EPIC Renews Call for Release of Bush Warrantless Wiretap Memos: In court papers filed this week in Washington, DC, EPIC and the ACLU asked a federal judge now reviewing an open government case to consider the publication of the Inspectors General Unclassifed Report on the President's Surveillance Program. EPIC and the ACLU are seeking the release of the relevant legal memos relating to the program, but the government contends that the entire matter is secret. However, the Inspector General's report, which is widely available, discusses several of the memos at issue in the case. EPIC filed the original request for the legal memos in December 2005 after the New York Times first reported on the warrantless wiretapping program. The case is EPIC v. Dep't of Justice. (Sep. 18, 2009)

PATRIOT Act Revisions Introduced in Senate: Today, Sen. Russ Feingold (D-WI) and seven cosponsors introduced the Judicious Use of Surveillance Tools In Counterterrorism Efforts (JUSTICE) Act. The bill would amend the PATRIOT Act, the FISA Amendments Act, and other surveillance and intelligence laws. Among other changes, the JUSTICE Act would reform the National Security Letter process, revise the guidelines for business records orders, eliminate the catch-all provision for "sneak-and-peek" searches, and add new safeguards for FISA roving wiretaps. The JUSTICE Act would also repeal retroactive immunity for telecommunications companies, and is supported by many civil liberties organizations. For more information, see EPIC USA PATRIOT Act, EPIC FISA, EPIC Wiretapping, and EPIC National Security Letters. (Sep. 17, 2009)

Senators Consider PATRIOT Act Reforms: Senators Russ Feingold (D-WI) and Dick Durbin (D-IL) are drafting legislative reforms to revise the USA PATRIOT Act. The USA PATRIOT Act allows authorities to conduct surveillance without judicial review through the use of National Security Letters. The Senators asked the Attorney General and the Chairmen of the Senate Judiciary and Intelligence Committee to consider two previous bills that add protections to PATRIOT ACT. Pursuant to a EPIC lawsuit, a federal judge had ordered the Justice Department to provide for independent judicial inspection of documents relating to warrantless wiretapping. For more information, see EPIC USA PATRIOT Act, EPIC FISA, EPIC Wiretapping, and EPIC National Security Letters. (Aug. 7, 2009)

Inspector Generals Release Report on President's Surveillance Program: The Inspector Generals of the Intelligence Community released a report on the President's Surveillance Program. The report summarizes the unclassified collective results of the reviews. The Program involved the massive, warrantless surveillance of Americans in the United States. The IG Report finds that the absence of effective oversight contributed to the ineffectiveness of the program. In December 2005, EPIC had requested the legal opinions that were prepared to justify the program. The government has refused to produce many key documents, and EPIC sued under the Freedom of Information Act. In March this year, the Attorney General released several related memos, which previously were secret, following President Obama's statement on government transparency. See EPIC FISA, EPIC Surveillance FOIA, EPIC Wiretapping, and EPIC National Security Letters. (Jul. 10, 2009)