There were 5,579 invention secrecy orders in effect at the end of fiscal year 2015. This was an increase from 5,520 the year before and is the highest number of such secrecy orders in more than a decade.
Under the Invention Secrecy Act of 1951, secrecy orders may be imposed on patent applications when a government agency finds that granting the patent and publishing it would be “detrimental” to national security.
Most of the current invention secrecy orders were renewals of orders granted in past years. According to statistics released under the Freedom of Information Act by the U.S. Patent and Trademark Office, there were 95 new secrecy orders imposed last year, while 36 prior orders were rescinded. More information on the newly rescinded orders is forthcoming.
Of the 95 new orders, 15 were so-called “John Doe” secrecy orders, meaning that they were imposed on private inventors in cases where the government had no property claim on the invention. The prohibition on disclosure in such cases therefore raises potential First Amendment issues.
January saw us watching whether the government would fund science. February has been about how that funding will be distributed, regulated, and contested.
This rule gives agencies significantly more authority over certain career policy roles. Whether that authority improves accountability or creates new risks depends almost entirely on how agencies interrupt and apply it.
Our environmental system was built for 1970s-era pollution control, but today it needs stable, integrated, multi-level governance that can make tradeoffs, share and use evidence, and deliver infrastructure while demonstrating that improved trust and participation are essential to future progress.
Durable and legitimate climate action requires a government capable of clearly weighting, explaining, and managing cost tradeoffs to the widest away of audiences, which in turn requires strong technocratic competency.