SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2019, Issue No. 30
July 29, 2019

Secrecy News Blog: https://fas.org/blogs/secrecy/

PENTAGON PIVOTS TO MORE "PUBLIC ENGAGEMENT"

Defense Secretary Mark T. Esper, who took office last week, has directed senior military and civilian defense officials to "more actively engage with the public," according to a Pentagon memo issued on Friday.

"Simply put, the Department benefits when we thoughtfully engage with the American public, Congressional leaders, international community, and the media," wrote Jonathan Rath Hoffman, the Assistant to the Secretary for Public Affairs.

But increased public and media engagement does not necessarily mean increased disclosure or improved access to information.

"Always seek the appropriate balance between transparency and operational security," the July 26 memo stated. "As senior leaders you are closer to pertinent issues. Therefore, you are often best suited to make determinations on what should or should not be released within classification guidelines and have the responsibility to protect even unclassified non-public information."

Still, the new memo represents a change in attitude from that expressed by the previous Secretary of Defense, Jim Mattis.

In an uncompromising October 2017 memo that was understood by Pentagon officials to discourage discretionary disclosures, SecDef Mattis wrote:

"We must be vigilant in executing our responsibility to prevent disclosure of any information not authorized for release outside of the Department of Defense: All hands must be alert to prevent unauthorized disclosure of non-public information for any reason, whether by implied acknowledgement or intentional release. Misconduct cannot be tolerated and suspected or confirmed disclosure must be reported at once."

Following that direction from Secretary Mattis, many types of previously available defense-related information were in fact withdrawn from public and media access, such as the number of US troops in Afghanistan, Iraq and Syria, and the current size of the US nuclear arsenal.

Therefore, if Secretary Esper wanted to increase public disclosure of defense information, it wouldn't be hard to do.

Earlier this month, DoD produced its updated report on the post-9/11 cost of war through March 31, 2019.

"Since September 11, 2001, the Department of Defense (DoD) has obligated $1,548.5 billion for war-related costs," the report said, using DoD's somewhat arbitrary metrics for cost reporting.

The unclassified cost report was provided to Congress, but it was not publicly released by DoD.

LIMITS ON FREE EXPRESSION: AN INTERNATIONAL VIEW

While many countries recognize freedom of speech as a fundamental value, every country also imposes some legal limits on free speech.

A new report from the Law Library of Congress surveys the legal limitations on free expression in thirteen countries: Argentina, Brazil, Canada, China, Israel, Japan, Germany, France, New Zealand, Sweden, the Netherlands, the United Kingdom, and Ukraine.

"In particular, the report focuses on the limits of protection that may apply to the right to interrupt or affect in any other way public speech. The report also addresses the availability of mechanisms to control foreign broadcasters working on behalf of foreign governments," wrote Ruth Levush in the document summary. See Limits on Freedom of Expression, Law Library of Congress, June 2019:

Some other noteworthy recent reports from the Law Library of Congress include the following.

Initiatives to Counter Fake News in Selected Countries, April 2019:

Regulation of Artificial Intelligence in Selected Jurisdictions, January 2019:

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Secrecy News is written by Steven Aftergood and published by the Federation of American Scientists.

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