VTDigger.org has this report on the Senate's adoption of an amendment from Senator Patrick Leahy (D-Vt) that requires a public interest balancing test to be done before the Department of Defense can withhold information it deems to be critical infrastructure information. The balancing test will require the Secretary of Defense to consider whether the disclosure of critical infrastructure information would reveal vulnerabilities that would result in harm to government property or facilities, and whether the public interest in the disclosure of this information outweighs the government’s need to withhold the information.
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December 02, 2011
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My first reaction to this is that it seems like it would still run afoul of the (b)(3) restriction that the law must allow the agency no discretion. I'd be interested in your take on that issue, Scott.
Posted by: Kel McClanahan | December 02, 2011 at 06:49 PM