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Why does the government keep secrets from us?

7/10/2013

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The ongoing saga of Edward Snowden and his legal troubles in the wake of his disclosure of classified information has generated lively discussion about the role of government surveillance in creating security for our society.  Many people are debating whether or not the government should be keeping secrets about its surveillance activities.  I recently heard an interview on the radio in which the guest explained that, in his opinion, secret security systems were ineffective, because they are not improved by being subjected to scrutiny and constant testing.  While this may be a valid point for computer firewalls and the like, I think this misunderstands the justification for government secrecy in some programs.

The purpose of keeping information from general dissemination is -- or at least should be -- to prevent the information from benefiting those who would do harm to society.  For example, if the police are aware that organized criminals are using a particular location to discuss their murder plans, and they can plant a listening device in that location, allowing the general public to know about the device will defeat its purpose.  The criminals will simply find another, more private, location to hatch their plan.  In situations such as this, secrecy is key.  Secrecy is a problem, on the other hand, when it is used to prevent the public from uncovering illegal activity.  Unfortunately, many people assume that information is kept secret for the latter reason, when in actuality it is for the former.

Please keep this in mind when seeking information from the government.  For the most part, the people working in these areas are genuinely motivated by a desire to help their fellow citizens, by stopping those who would seek to harm us.  This includes most police officers and intelligence professionals.  They generally have no interest in your personal discussions about what to make for dinner, and would rather focus on discussions about criminal activity.  If you request documents about a particular government program and are denied because the information is classified, do not assume that the program is targeting you.

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    Author

    Chris Wencker has been advising and representing local and small government entities for as long as he has been an attorney.  He has represented cities, towns, fire districts, and occasionally other special taxing districts.  Chris has a firm understanding of the extent and limits of government power.

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