Obama team pressing to keep terror list secret
By Ellen Nakashima
Washington Post
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WASHINGTON — The Obama administration wants to maintain the secrecy of terrorist watch-list information it routinely shares with federal, state and local agencies, a move that rights groups say would make it difficult for people who have been improperly included on such lists to challenge the government.
Intelligence officials in the administration are pressing for legislation that would exempt "terrorist identity information" from disclosure under the Freedom of Information Act. Such information — which includes names, aliases, fingerprints and other biometric identifiers — is widely shared with law enforcement agencies.
Still, some officials say public disclosure of watch-list data risks alerting terrorism suspects that they are being tracked and may help them evade surveillance.
Advocates for civil liberties and open government argue that the administration has not proved the secrecy is necessary and that the proposed changes could make the government less accountable for errors on watch lists. The proposed FOIA exemption has been included in pending House and Senate intelligence authorization bills at the administration's request.
"Instead of enhancing accountability, this would remove accountability one or two steps further away," said Steven Aftergood, director of the Federation of American Scientists' Project on Government Secrecy.
When the FBI's Terrorist Screening Center disseminates data from watch lists to state and federal agencies, the information is unclassified, though marked "for official use only." Officials said that the information could be obtained under a FOIA request and that such data has been released under FOIA.
Michael G. Birmingham, a spokesman for the Office of the Director of National Intelligence, said that the intelligence community is seeking "adequate protection from disclosing terrorist identity information" to the public because "no (such) exemption currently exists under FOIA." One intelligence official said the information's disclosure creates a host of difficulties.
"Here's the problem," the official said, speaking on the condition of anonymity because he was not authorized to speak on the record. "If you've got somebody, including a suspected terrorist, who can FOIA that information, you're making intelligence-gathering methods vulnerable. You're possibly making intelligence agents and law enforcement personnel vulnerable."