NSA Can Neither Confirm Nor Deny Anything Without Causing 'Exceptionally Grave Damage' To National Security

The article illustrates the stark reality of information control in modern surveillance states, where transparency initiatives often collide with entrenched secrecy. When an individual attempts to verify government data collection through official channels, they frequently encounter "Glomar" responses. These evasive replies neither confirm nor deny the existence of records, asserting that even acknowledging the data’s existence would compromise national security by revealing technical capabilities to adversaries. This bureaucratic evasion highlights the limitations of freedom of information mechanisms when facing agencies that classify the very concept of record retention. The denial suggests that the distinction between having data and not having it is itself a state secret. Consequently, the promise of public access to government actions is undermined by legal frameworks that prioritize operational secrecy over individual rights, leaving citizens with little recourse beyond accepting that the state holds absolute power over what is known. This scenario is critically relevant to open data advocates because it demonstrates that metadata and digital footprints are not inherently open or accessible, even to the individuals they describe. It underscores that without robust legal enforcement and a shift in cultural norms regarding privacy, "open data" remains a theoretical ideal rather than a practical reality. The necessity of litigation to uncover basic facts reveals that true openness requires active, often expensive, legal struggle rather than passive administrative compliance.

Source: techdirt.com
Published on 2024-03-19

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