Secret Law and the Threat to Democratic Government
“The notion of secret law has been described in court opinions and law treatises as ‘repugnant’ and ‘an abomination’,” observed Sen. Russ Feingold. “It is a basic tenet of democracy that the people have a right to know the law.”
“But the law that applies in this country is determined not only by statutes and regulations, but also by the controlling interpretations of courts and, in some cases, the executive branch. More and more, this body of executive and judicial law is being kept secret from Congress as well,” he said.
To probe that subject, Sen. Feingold’s subcommittee of the Senate Judiciary Committee held a hearing last April 30, the full record of which has just been published. See “Secret Law and the Threat to Democratic and Accountable Government.”
The hearing volume includes newly published responses (pdf) to questions for the record from John P. Elwood of the Justice Department Office of Legal Counsel, Prof. Dawn E. Johnsen, who is now working with the Obama transition team, former ISOO director J. William Leonard, myself, and others.
In the current environment of declining trust and magnifying strategic competition, banning debris-creating tests is a concrete step towards stability that favors interests of all states seeking to conduct space activities.
Often negotiations between data center developers and local officials are conducted behind closed doors, protected by NDAs. How can we have an informed debate, when we don’t know what’s on the table?
As federal data policy nerds, the question we get asked all the time is “How much data has the current administration terminated?”
Google’s motto famously used to be “don’t be evil.” However, its latest feature has just made being evil a whole lot easier.