NationStates Jolt Archive

The Republic of Jeonju has just proposed this resolution.
This is the official thread.

FREEDOM OF INFORMATION ACT (F.O.I.A)

RECOGNIZING the need to foster democracy by ensuring public access to government agency RECORDS and INFORMATION in all member nations;

MAXIMIZING the usefulness of agency records and information collected, maintained, used, retained, and disseminated by the Governments of member nations;

OBSERVING that the F.O.I.A is a valuable means through which any person can learn how their Government operates;

UNDERSTANDING that the F.O.I.A will lead to the DISCLOSURE of waste, fraud, abuse, and wrongdoing in the member Governments;

AWARE that the F.O.I.A will lead to the identification of unsafe consumer products, harmful drugs, and serious health hazards;

TAKING NOTE that government agencies increasingly use computers to conduct agency business and to store publicly valuable agency records and information;

RECOMMENDING that member government agencies should use NEW TECHNOLOGY to enhance public access to agency records and information.

IN ADDITION each state agency is to provide public access to information in an electronic, or otherwise COMPUTER ACCESSIBLE format.

EACH UN Government agency shall make publicly available upon request, the following forms, records and shall uphold policies including;

(1) A DESCRIPTION and INDEX of major information and record locator systems maintained by the agency; and

(2) FINAL OPINIONS, including CONCURRING and DISSENTING opinions, as well as orders, made in the adjudication of cases, and;

(3) RECORDS shall be provided by agency WITHOUT ANY CHARGE.

EXEMPTIONS--The F.O.I.A shall provide access to government agency records (or parts of those records) EXCEPT those protected from release by FIVE SPECIFIC EXEMPTIONS.

(1)(a) Documents and records specifically authorized under criteria established by a Government order to be kept secret in the interest of National Defense or Foreign Policy and;

(b) Are in fact, properly classified, pursuant to such Government order;

(2) Documents related solely to the internal personnel rules and practices of an agency;

(3) Trade secrets and commercial or financial information obtained from a person and which are privileged or confidential;

(4) Personnel, medical and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

(5) Documents or parts of documents contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions.

Jey proposed this idea like 2 months ago; I think he's got the rights to it.

My last draft here on the forums
FoIA (http://forums.jolt.co.uk/showpost.php?p=10470671&postcount=9)
There are newer drafts located on other forums.

The General Assembly of the United Nations,

RECOGNIZING that all citizens deserve the right to access relevant governmental records, data, and procedures of all public agencies of their respective country,

CONCERNED that the possibility exists that citizens of UN nations are left completely unaware of the processes and other information of each of their government's agencies,

ALSO CONCERNED that the possibility exists that without this information exposed to the public, governmental agencies may commit illegal and immoral acts, as well as fraud, waste, and abuse on the populace, all without their knowledge or understanding,

CONSIDERING that declassifying this information will lead to the identification of unsafe consumer products and harmful / serious health hazards,

DECLARES that each official public governmental agency of N.S.U.N. members make publicly available upon request, the following governmental forms, records, and policies, including:

(1) A DESCRIPTION and INDEX of major information and record locator systems maintained by the agency,

(2) A HAND BOOK for obtaining various types and categories of public information from the agency,

(3) RULES OF PROCEDURE, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations,

(4) FINAL OPINIONS, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases, and,

(5) RECORDS which shall be provided by all public governmental agencies freely to the public.

EXEMPTIONS

(1) Documents and records specifically authorized under criteria established by a Government order to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such government order;

(2) Documents related solely to the internal personnel rules and practices of an agency,

(3) Documents and records specifically exempted from disclosure by statute,

(4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential,

(5) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy,

(6) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions.
Resemblance? :rolleyes:

well, i proposed it long ago as the nation of mephi about a year and a half ago. as far as the resemblance...i read the actual FOIA and reworked it...based on forum suggestions. i would ask that jey say something, or just vote for the proposal. after all it is for the good of the world that this proposal be passed.

ah, yes, we did propose it a couple years back, well maybe a year, but its been a while. i was the nation Folderol then. sorry if you think i stole your "rights" jey. it looks similar, but obviously we both borrowed heavily from the actual U.S. FOIA. no hard feelings. but if you like my version, please support it. i am just recently getting back into the NationStates community, the forums were never this organized when i first started playing. i would appreciate any suggestions you have on proposing this important resolution. thanks. god wears glasses...i remember mephi well...great region...thanks for the support.
Jeonju

At first I thought I might have had an issue with this simply because Kivisto is not the sort of nation that really allows the citizenry any extra liberties, however I find little to argue against. With the FOIA exemptions in place the way they are, it allows us to keep hidden materials that we do not wish to disseminate. We are content with that.

My only remaining issue that I feel I should mention at this time regards the line at the beginning

RECOGNIZING the need to foster democracy by ensuring public access to government agency RECORDS and INFORMATION in all member nations;

It isn't really a deal breaker as the line doesn't mandate anything, but we are hard pressed to put our name in support of something that explicitly wishes to foster democracy. We are not a democracy and have no desire to be one. Once again, though, it is simply a preamble line. Nice decoration. No mandating within it. We could see our way around it, I suppose.

I was definitely opposed to it before I saw the exemptions. Now, I'm leaning towards approval but would still like to see what others will say.

Yes, the exemptions provide governments and agencies of those governments all the necessary tools to prevent unwanted FOIA releases. However, if the government is too lazy, disorganized, or confident in its powers, and fails to classify something, then there could be trouble! I understand the concern with the opening line of the proposal, but in this particular case, as Kivisto points out, it does not mandate anything, but simply expresses the author nation's desire for the spread of democracy. i would appreciate your support, and APPROVAL of this proposal.

Jeonju

There are several problems with this proposal. It's an unfortunate example of attempting to take a piece of legislation from the mythical land of RL and whittle it down into the length limitations of a proposal (the US Freedom of Information Act of 1974, as amended). As examples:

UNDERSTANDING that the F.O.I.A will lead to the DISCLOSURE of waste, fraud, abuse, and wrongdoing in the member Governments;

This is an insult to the member governments of the NSUN, as it implies that they are all engaging in waste, fraud and abuse.

IN ADDITION each state agency is to provide public access to information in an electronic, or otherwise COMPUTER ACCESSIBLE format.

This levies an impossible requirement on nations which do not have computer technology.

The F.O.I.A shall provide access to government agency records (or parts of those records) EXCEPT those protected from release by FIVE SPECIFIC EXEMPTIONS.

The inclusion of "(or parts of those records)" would allow a government to redact everything in a record but the title before release.

The proposal fails to define what a record is. The clause beginning "DECLARES that" seems to set a very narrow scope, which we do not think was the author's intention.

The proposal is clearly aimed at providing citizens of a nation with proper access to information about the workings of their government. That's commendable. But search for records in response to a request takes time and effort, as does review of the record to ensure it is releasable under the law. This costs taxpayer money. Unfortunately, the proposal requires that the records be made available without charge and does not limit the ability to request them to the nation's citizens. The effect is that the government of nation A would be required to spend considerable taxpayer money responding to a voluminous request for records from MegaMonster Corporation, located in a foreign country.

The proposal sets no conditions for what is a reasonable request, leaving nations open to considerable abuse of the requirement to produce records. (e.g., "Send me all the information you have on agriculture.")

The proposal would require release of sensitive criminal intelligence information, potentially crippling investigations.

Lorelei M. Ahlmann
Ambassador-at-Large

TAKING NOTE that government agencies increasingly use computers to conduct agency business and to store publicly valuable agency records and information;

RECOMMENDING that member government agencies should use NEW TECHNOLOGY to enhance public access to agency records and information.

IN ADDITION each state agency is to provide public access to information in an electronic, or otherwise COMPUTER ACCESSIBLE format.

(3) RECORDS shall be provided by agency WITHOUT ANY CHARGE.


Since governments can't charge for these records who will pay for the computers to store them on and the programers to put the records on those computers.... Taxes will have to be raised to pay for this process. Thus for those nations don't yet have computers it will mean a big increase to bring them to the level set here.

Also the cost of stamps 'TOP SECRET' has to be paid if a nation is to protect those records that need to be held from public view.. thus a raise in taxes to buy these stamps. Also in installing protection on computers so that those who are ruled not to have a right to records can't get them.

OOC: Look at the recent troubles in RW over folks getting things off computers that are there but not everyone is suppose to get at them.

IC: We think this one or one near it came up some time back and we didn't like it then nor do we now.. for the reasons noted. Only good thing is it does give us the option of setting certain records as 'TOP SECRET' thus keeping the public from getting at them.

Also the cost of stamps 'TOP SECRET' has to be paid if a nation is to protect those records that need to be held from public view..As someone who once had access to classified documents, I can attest that they are marked as such regardless of any outstanding FOI/PA requests.

first, i dont understand how to "quote" certain bits of text, but that doesnt really matter.

second, ausserland, the waste and fraud clause actually implies that IF nation "X" is engaged in such activities the FOIA will lead to the disclosure of these acts.

third, only one computer is necessary in order for nation "X" to comply with the "new technologies" and and "computer accessible" clause. if this means that the citzen requesting information must travel thousands of miles to reach said computer, then so be it. but, the electronic option must be provided by nation "X" i am relatively confident that every nation can afford at least one computer.
if nations choose to post documents online, then so be it, but obvoiusly this is not stated or implied in the proposal.

fourth, regarding the exemptions section; if nation "X" chooses to censor documents before they are released it is an option. this section was included on purpose. even if only parts of documents, or titles of documents are released and everything else dedacted, the access to these documents should be provided regardless.
OOC: imagine if only the title of the PDB: "(certain terrorist) determined to strike within United States." was released to the public...this is still very telling.
IC:
fifth, regarding the "declares" clause and the definition of "records". my proposal contains no such clause...i believe you were looking at the quote of "Jey's" version and not mine. i hope you will go back and read my version, if you are mistaken. the definition of a record is: An account, as of information or facts, set down especially in writing as a means of preserving knowledge.

third, only one computer is necessary in order for nation "X" to comply with the "new technologies" and and "computer accessible" clause. if this means that the citzen requesting information must travel thousands of miles to reach said computer, then so be it. but, the electronic option must be provided by nation "X" i am relatively confident that every nation can afford at least one computer.

OOC: Some nations operate on a 'Past-Tech' basis: It's not that they couldn't afford any computers, it's more that they don't grasp the concept, might not have an electricity supply with which to run any imported devices, and might even have "natural" laws under which such a device just wouldn't work at all... and their players might object to being told that they must roleplay them to the contrary...

The IT Education Act (Resolution 131) requires all nations to provide basic IT education, which means there are computers in every nation.

The IT Education Act (Resolution 131) requires all nations to provide basic IT education, which means it is a stupid resolution.

Fixed.

first, i dont understand how to "quote" certain bits of text, but that doesnt really matter.

second, ausserland, the waste and fraud clause actually implies that IF nation "X" is engaged in such activities the FOIA will lead to the disclosure of these acts.

No. Sorry. That's what you meant it to say. There is no "if" in the clause.

third, only one computer is necessary in order for nation "X" to comply with the "new technologies" and and "computer accessible" clause. if this means that the citzen requesting information must travel thousands of miles to reach said computer, then so be it. but, the electronic option must be provided by nation "X" i am relatively confident that every nation can afford at least one computer.
if nations choose to post documents online, then so be it, but obvoiusly this is not stated or implied in the proposal.

We simply disagree with imposing an impractical requirement. If this clause "urged" the action, we wouldn't object.

fourth, regarding the exemptions section; if nation "X" chooses to censor documents before they are released it is an option. this section was included on purpose. even if only parts of documents, or titles of documents are released and everything else dedacted, the access to these documents should be provided regardless.
OOC: imagine if only the title of the PDB: "(certain terrorist) determined to strike within United States." was released to the public...this is still very telling.


The language effectively renders the resolution toothless, or, at least, so lacking in teeth that it wouldn't be worth the bother of passing. (OOC: In the US FOIA, the provisions concerning portions of documents are tied to the provisions for denial under one of the exemptions and a requirement that agencies release "segregable portions" of deniable records. That's not done here.)


IC:
fifth, regarding the "declares" clause and the definition of "records". my proposal contains no such clause...i believe you were looking at the quote of "Jey's" version and not mine. i hope you will go back and read my version, if you are mistaken. the definition of a record is: An account, as of information or facts, set down especially in writing as a means of preserving knowledge.

The representative is quite correct. We cited the wrong draft, and apologize. However, our criticism holds for the representative's draft, and specifically, the clause beginning "EACH UN...." The proposal fails to define "record," leaving it open to unaccptably broad interpretation.

This proposal, as we noted earlier, is an unfortunate example of the problems encountered in trying to take a complex piece of legislation from the mythical land of RL and simply chop it down to fit NSUN proposal size.

Hurlbot Barfanger
Ambassador to the United Nations

The IT Education Act (Resolution 131) requires all nations to provide basic IT education, which means there are computers in every nation.


*Sigh* Go back and read that resolution again:

-C- FULLY AWARE of the difference of technology level between member nations-1- STRONGLY URGES all nations to secure that each child, aged at least 12, receive some information technology education adapted to the national technology level. This can be integrated into National Education programs,

Note the highlighted words...

-2- ENCOURAGES STRONGLY all nations to secure for every child, aged at least 12, some access in school to information technology school equipment with educational software and Internet access,

-3- SUPPORTS operations which provide children, personal computers with Internet access and educational software, or more powerful high-tech educational tool, when the cost for the Nations will not be significant. Computers, Internet access or others tools could be bought or rented at a very modest price for children not able to afford them

"ENCOURAGES STRONGLY" is not "REQUIRES".
"SUPPORTS operations which" is not "REQUIRES".

::sigh:: and ::double sigh:: back to the drafting board with this proposal jeonju.

*triple sigh* indeed...but, perhaps next time a draft first...eh? sort these things out before i propose.

this proposal insults the companies names being used...such as fraud, waste, and so forth and in conclusion I don't know what to say.

Note the highlighted words...

"ENCOURAGES STRONGLY" is not "REQUIRES".
"SUPPORTS operations which" is not "REQUIRES".
Indeed. Ecopoeia has ignored the resolution in question.

this proposal insults the companies names being used...such as fraud, waste, and so forth and in conclusion I don't know what to say.

neither do i...oh wait, yes i do...what companies again? are there companies named "waste" and 'fraud' in your great nation?

The IT Education Act (Resolution 131) requires all nations to provide basic IT education, which means there are computers in every nation.
And thus we bought billions of C64 computers to be used by our students so they could get basic IT education. So we have complied with the resolution. Now you suggest we upgrade these creating additional cost to us to do so.. which violates that same resolution if it is 'significant'.

-3- SUPPORTS operations which provide children, personal computers with Internet access and educational software, or more powerful high-tech educational tool, when the cost for the Nations will not be significant. Computers, Internet access or others tools could be bought or rented at a very modest price for children not able to afford them

Also note when it talks about the purchase of these items it says 'could be bought' not 'will be bought' thus leaving it up to nations to decide what they want to spend and on what they spend it.

As R131 says low level computers or something to that effect are to be provided not giant monster computers that run in the GGB range. Also allows nations to set the level of use based on tech desires of nation. Thus not all nations will have suitable computer systems to handle this proposal if put into place.

And thus we bought billions of C64 computers to be used by our students so they could get basic IT education.Don't mock the Commadore 64... it was a powerhouse back in the day, yo.

Don't mock the Commadore 64... it was a powerhouse back in the day, yo.

The games were really cool too. :)

The games were really cool too. :)Impossible Mission (http://en.wikipedia.org/wiki/Impossible_Mission) for the fucking win!

Don't mock the Commadore 64... it was a powerhouse back in the day, yo.
Never do that still got mine and got two games on it can't get anywhere else.

Nice. That reminds me...I had one of those games installed on the old home comp. *goes to see if he can dig it out*

The games were really cool too. :)

OOC: And the stuff you could do with music was pretty incredible -- just using that little old SID chip. :)

i just submitted a revised FoIA, i would appreciate your thoughts ausserland.

Impossible Mission (http://en.wikipedia.org/wiki/Impossible_Mission) for the fucking win!

I'm mortified that I remember that.

Pah. Commodore 64? I had a Commodore 16...

The C64 was better :p.

I found a site recently that lets you play C64 games in your browser, and has many old favs on offer. Not sure if I'd be allowed to post the link, so won't. If anyone wants to relive some memories, TG me and I'll give it to you.

"You think your Commadore 64 is really neato.
What kind of chip have you got in there? A Dorito?"

Blah, the first computer I got my hands on (when I was in high school) was the Commodore PET 2001 (http://www.old-computers.com/museum/computer.asp?c=191) C H I C K L E T keyboards rule, even if it took forever to type.