The information gulag: Rethinking openness in times of national danger

Abstract

Abstract The founding fathers of the United States recognized that freely available information and an educated citizenry were essential to the functioning of a representative democracy. But almost as soon as the ink dried on the Constitution, political forces moved, and have continued to move, to restrict the flow of information from the government to the public, as well as among members of the public. This article examines whether information availability has become a victim of the war on terrorism – whether the nation has entered a time in which legal and policy initiatives are creating information gulags – secreting government information and restricting communications among members of the public, including the academic community. This article explores how policy is shaping the information relationship among the government, the public, academia, and the media and whether new models may be appropriate and more beneficial to society. In doing so, we examine in depth not only public access to government information but also the emerging and vital issue of government restrictions on scholarly exchange, as most recently presented by the legal dispute between the Institute of Electrical and Electronic Engineers (IEEE) and the Office of Foreign Asset Control (OFAC), Department of Treasury, and subsequently the litigation brought by the Association of American University Presses (AAUP).