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Black Is the New Transparent


So the American Civil Liberties Union, concerned about the US government’s alleged propensity to surveil the email of American citizens without a warrant, filed a request with the Justice Department under the Freedom of Information Act for more information. 

This is what it got: a memorandum entitled “Guidance for the Minimization of Text Messages over Dual-Function Cellular Telephones” that is completely blacked out. All fifteen pages of it.

Mr. President, I don’t think “transparent” means what you think it means.

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Members have made 8 comments.

  1. Profile photo of Chris Campion Thatcher

    That’s beautiful. “Here’s all the information you requested, ACLU! Please let us know if you have any questions.”

    • #1
    • May 14, 2013 at 3:40 am
  2. Profile photo of Israel P. Member

    They should have left in “and” and “the” in tribute to Mary McCarthy.

    • #2
    • May 14, 2013 at 4:06 am
  3. Profile photo of Crow's Nest Member

    The Federalist Society’s blog has a short post up about the DOJ and IRS practices that led to the ACLU’s FOIA action.

    I’d like to hear Profs Yoo and Epstein bat this around on the next LawTalk: what is the state of our jurisprudence on the question of 4th Amendment protections for electronic, private communications?

    • #3
    • May 14, 2013 at 4:34 am
  4. Profile photo of Nick Stuart Thatcher

    The ACLU must be very pleased that their candidate won.

    • #4
    • May 14, 2013 at 5:13 am
  5. Profile photo of Jager Member

    The most “transparent” administration ever. Combine this with the story last night about the government tapping AP phones and maybe the Liberals will start to actually push back and hold this administration accountable for something. 

    • #5
    • May 14, 2013 at 6:11 am
  6. Profile photo of Pilli Member

    That memo is NOT blacked out. They just used a black highlighter to emphasize certain sections.

    • #6
    • May 14, 2013 at 7:16 am
  7. Profile photo of Foxman Inactive

    The Princess Bride. Somebody had to post it.

    • #7
    • May 14, 2013 at 7:23 am
  8. Profile photo of Mollie Hemingway Contributor
    Pilli: That memo is NOT blacked out. They just used a black highlighter to emphasize certain sections. · 47 minutes ago

    James Taranto said last night that critics of this lack of transparency just don’t like the document because it’s black.

    • #8
    • May 14, 2013 at 8:42 am