Fed rights at risk in WikiLeaks backlash, groups say

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Just as agencies are wrapping up security reviews launched after the latest WikiLeaks breach, a coalition of open government groups is warning of possible consequences for federal employee rights.

Although improving safeguards for classified information is laudable, “we urge you not to craft policies that encourage agencies to unduly restrict free speech, or otherwise distract agencies from actually improving information security,” representatives of the American Civil Liberties Union and eight other organizations wrote Office of Management and Budget Director Jack Lew in a letter dated Friday.

Ordered by Lew early this month and due to be finished Jan. 28, the “initial assessments” are supposed to address more than 100 different points, according to a memo posted on OMB’s web site.  While no one’s quarreling with the overall purpose, the ACLU and other letter signers say they are particularly concerned about a suggestion that agencies monitor employees’ “pre- and post-employment activities” or their participation in on-line sites like WikiLeaks or Open Leaks.

“It’s not at all clear how agencies could accomplish this, and, more importantly, such monitoring sweeps so broadly as to threaten constitutional rights,” the letter says.

Federal Times reached out Friday to an OMB spokesperson for a response to the letter. Radio silence so far, but we’ll add anything that comes in.

For the record, the assessments are being overseen by the Office of the Director of National Intelligence and the National Archives’ Information Security Oversight Office.

The intelligence folks aren’t commenting, but Jay Bosanko, director of the oversight office, said recently that all of the requirements listed in the memo don’t apply to all agencies. The open government coalition, however, would like to see that spelled out for the record, said Amy Bennett of OpenTheGovernment.org, which also signed the letter.

“A lot of these requirements aren’t standards-based and they aren’t rules-based,” she said.

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