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Latin America, 2011
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TMA Articles and Commentary - Current Issue
Written by Alvaro Vargas Llosa   
Wednesday, 29 December 2010

Latin America, 2011 
December 29, 2010
Alvaro Vargas Llosa
Washington Post Writers Group

LIMA, Peru—Latin America’s big question is whether the political obstacles, which need to be removed in order for the major socioeconomic transformation currently going on in the region to be completed, will continue to exist. The coming year could be decisive.

The four places to watch in 2011 are Brazil, Peru, Argentina and Venezuela.

In January, Dilma Rousseff will assume power as Brazilian president. Will she be able to step out of the shadow of her predecessor, Luiz Inacio Lula da Silva, by pushing for further liberalization and reining in the demagogic penchant that her country has exhibited of late in its conduct of foreign policy? Brazil has been siding with autocrats around the world as a way of marking its territory vis-a-vis the United States. This needs to stop.

The first round of Peru’s presidential elections will take place in April. The dizzying pace of its economy has put the country on a path to development. If voters opt to reverse the general trajectory of the last decade, they will deal a major blow to this progress. By and large, most candidates support the open, competitive economic model and the rule of law, although reform of the corrupt and inefficient state, the 800-pound gorilla in the room, is not high on anybody’s list. With Peru having an annual growth rate of 8 percent, the candidates feel disinclined to rustle too many feathers.

Peru faces two challenges. One comes from the left and involves the populist nationalists, who have begun to distance themselves from Venezuela’s Hugo Chavez but still distrust globalization. The other one comes from the right: The heirs of Alberto Fujimori’s dictatorship are seeking to return to power; they would bring back part of the team that presided over one of Peru’s most unsavory periods of the 20th century. So far, neither option seems strong enough to prevail.

Argentina will be holding presidential elections in October—a great occasion to put an end to the Kirchner era. President Cristina Kirchner has benefited from the outpouring of sympathy following the death of her husband, former President Nestor Kirchner, and the fact that the administration has not entirely bankrupted the country. Thanks in part to Asian demand and in part to the technological revolution accomplished by private farmers, the economy has proved to be resilient in the face of expropriations, high taxation and political meddling.

A turnaround in Argentina, a pivotal nation in South America, would give a major shot in the arm to Latin America’s modernization process.

Venezuela will be the other place to watch. Following his defeat in the legislative elections, Chavez has been busy trying to pre-empt the new National Assembly that will be seated in January with a sizable opposition bloc. He has awarded himself decree powers, gutting the incoming legislature’s prerogatives. However, the Assembly was never about legislating Venezuela out of the dictator’s grip. It is about the resistance movement conquering more spaces toward the presidential elections of 2012. What happens in those elections will hang on what happens in 2011—i.e., on whether the opposition thwarts Chavez’s attempts to bully and divide it, and picks a uniting candidate at the end of the coming year.

These political dynamics give Latin America a chance to make the modernization process irreversible. The continent’s rate of economic growth this year has been 5 percent on average, well above that of United States and Europe; its debt amounts to barely 25 percent of the region’s gross domestic product; its banks are well capitalized; trade among neighboring countries is at unprecedented volumes; and China, a major new market, now imports more than $400 billion from the area, 40 times more than in 1990. Finally, Latin American multinational corporations—the “Multilatinas”—are getting noticed for their performance.

The expansion of the middle class is visible almost everywhere. Unlike the 1970s, when the middle class dilated in connection with the explosion of government bureaucracy under the model of economic nationalism, today’s enlargement is linked to the market and has to do in large part with new businesses that service other, bigger companies.

The socioeconomic changes need a much greater institutional underpinning and further reform if Latin America is to conquer poverty and reach a critical mass that will create around its new model a “cordon sanitaire” against autocratic temptations. In 2011, the four nations to watch—Brazil, Peru, Argentina and Venezuela—will give us a hint as to how close Latin Americans are to making the definitive leap forward.


Alvaro Vargas Llosa
Send email

Alvaro Vargas Llosa
 is Senior Fellow of The Center on Global Prosperity at The Independent Institute. He is a native of Peru and received his B.S.C. in international history from the London School of Economics. His weekly column is syndicated worldwide by the Washington Post Writers Group, and his Independent Institute books include Lessons From the Poor: Triumph of the Entrepreneurial SpiritThe Che Guevara Myth and the Future of Liberty, and Liberty for Latin America

Full Biography and Recent Publications

 


New from Alvaro Vargas Llosa!
LESSONS FROM THE POOR: Triumph of the Entrepreneurial Spirit

Half the people in the world live on two dollars or less per day and roughly 600 million live on no more than one dollar per day. With thousands of international relief organizations, strategic government programs, and billions of dollars in foreign aid, why do so many underdeveloped countries remain unable to grow their economies beyond mere survival? Learn More »»

 


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Coalition Statement on NSTIC
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Advocacy and Letters - Letters to Government Agencies Signed by TMA
Written by Coalition   
Friday, 01 October 2010
Statement
National Strategy for Trusted Identities in Cybersecurity
Creating Options for Enhanced Online Security and Privacy

We thank the administration for this valuable opportunity to engage in a national conversation about privacy, and we welcome this chance to comment on the National Strategy for Trusted Identities in Cybersecurity Creating Options for Enhanced Online Security and Privacy.

The rights to free speech and free association have taken on new meaning in the Internet age. Internet users both shape and are shaped by their use of the Internet. Users are not only content consumers, but also content producers. The ability of users to generate content enriches and strengthens non--‐government organizations (NGOs) in two ways. First, access to the Internet is central to the ability of NGO personnel to communicate. And second, communication between NGO personnel is, in turn, central to NGO collaborative and creative opportunities.

However, the Internet also poses unique challenges for the protection of privacy and consumer rights. The open nature of the Internet creates pressing questions as to  how best to facilitate Internet communications. The balance between what technologies could achieve and what policy should restrain is a delicate one. Policymakers therefore face a unique challenge – to assure that the essential freedoms of Internet communication survive while at the same time protecting user privacy and consumer rights.

The draft document states clearly that the focus is on creating an identity ecosystem that preserves the security of online transactions and supports provider choice.

Our comments regarding the draft pertain to the most pressing issues of privacy, civil liberties, and consumer rights. These issues include the need for:

  • a complete enumeration of the sources of the problems identified by the draft;  
  • a clear plan for privacy protection;
  • a strategy for the protection of private communications by fair information practices;
  • the assignment of responsibility of government agencies to oversee authorities, courts, and credential users regarding constitutional rights; and
  • the assurance that Internet users can continue to create, control, and own web content.

First, cybersecurity initiatives should be designed in a manner that does not discourage lawful, constitutionally protected activity. Overreaching cybersecurity measures deter individuals and organizations that rely on the Internet from engaging in constitutionally protected activities. Such activities include research, collaboration, political participation and speech, fundraising, coalition building, campaigning, advocacy, “watchdog” activities, dissemination of information, and outreach to constituencies.1

Defining the Problem


At present, the draft cites security, efficiency, ease--‐of--‐use, confidence, increased privacy, greater choice, and innovation as the goals of its proposed credential requirements program. Security is indeed important, particularly for sensitive communications that involve financial information, personal health information, and human resources information, but these types of communications make up a small fraction of the volume of messages sent and received by individuals on a routine basis.

The draft’s goals are valuable ones. However, the draft fails to discuss the ease with which an individual might be re--indentified or tracked when a credential system is associated with his or her personal digital device. This concern is a pressing one, because registration for a credential system necessarily requires the collection of personal identifiable information (PII).

At present, there is no great consumer demand for credential systems. Commercial
attempts to develop online credential systems, such as Microsoft Passport and the Liberty Alliance, were rejected by consumers. Federal efforts to establish credential adoption and use should not create a market where one does not exist, in part because such systems place significant financial demands on Internet consumers and content providers.

We agree that there are real threats to online consumers that require additional government oversight and engagement. Identity theft, spam, and malicious code each poses serious threats to consumers. However, the draft fails to clearly articulate the connection between online ID systems and the resolution of these problems.2 The question remains as to how a credential system will solve the problem of identity theft and malicious computer code.

Identity theft is facilitated by a number of off--‐line business practices regarding PII that are not addressed in the draft document. Excessive collection, retention, use, and reuse of PII by commercial actors creates identity theft vulnerabilities. Additionally, widespread institutional reliance on PII in the form of social security numbers further aggravates the incidence of identity theft.

All digital privacy threats originate with the collection, retention, use, and sharing of PII. Requiring users to register for a credential can create privacy threats for users. Users wishing to engage in Internet communications without a credential should be able to do so. Content providers must not be requiring credentials at the behest of federal agencies. The grey area of what is required and what is a choice should be eliminated.

The Internet provides a vehicle for selling and sharing PII that may be used for identity theft purposes. Any credential system that is not regulated by fair information practices either through federal law, contract, or strong standards will expose users to additional privacy harms should the information shared be open for other uses.3

Recommendations:

  1. Address the off--‐line systemic problems related to the abuse of PII, which would include enforcing federal law that restricts the use of the social security number for identification purposes.
  2. Establish limitations on PII collection, retention, use, and reuse beyond the original purpose.

Vulnerabilities Found in Software and Applications


Software vulnerabilities are unavoidable contributing factors that make malicious attacks possible. Exploits like the “I Love You Virus” or “Conficker” rely upon changing the underlying code housed on a computer or digital device without the user's knowledge or consent.

Most Internet consumers are unaware that the software and firmware on computing devices may have inherent vulnerabilities that can be exploited by thieves, vandals, or the curious. These vulnerabilities can enable the collection, retention, and tracking of users. Further, such vulnerabilities can also allow damage, theft, or co‐opting of digital devices for criminal or malicious activity.

These vulnerabilities also mean that unsuspecting users who make errors or use Internet--enabled technology incorrectly can cause harm to their own computer devices or those of other users.

Recommendations:

  1. Provide a comprehensive description of the problems associated with the harms enumerated in the draft document.
  2. Clarify the connection between certain consumer-‐related threats such as identity theft, viruses, or threats to privacy and the solution offered.
  3. Review the approaches sought to address software enabled exploits to address fundamental changes in how software is developed and certified for use in computing systems.
  4. Finally, define cyber threats or crimes as intent-‐oriented and not outcome--driven because of the challenges posed by attribution. Fixing the underlying problems with software should be the focus for addressing many of the problems identified.
Privacy Protection

Privacy is assured by the application of fair information practices regarding the collection, retention, and use of PII. The federal Privacy Act establishes regulations regarding fair information practices that federal agencies must follow. The Privacy Act applies to federal government agency activity as it relates to the collection, retention, and use of PII.

Government policy discussions with businesses, academic institutions, or media regarding credentials may create expectations that authentication takes priority over consumer control of PII.

Recommendations:

  1. There should be mandates for government--‐required credential systems. These mandates should include requirements that credential--‐issuing authorities and credential using entities (both public and private) must follow fair information practices as outlined by the Federal Privacy Act.
  2. Acknowledge and address the problems for privacy that will result as a direct consequence of requiring credentials for users and content providers.
  3. Ensure that the federal Privacy Act applies to credential--‐related information, including IP address, e--‐mail address, keystroke pattern recognition, user-- assistive devices, browsing history, and other information that may be used to identify or re--‐identity an individual.

Maintenance of a Free and Open Internet

The Internet has historically been treated as a free and open media, with the ability for universal access. Government policy should be careful to continue this tradition, without creating barriers to entry in the form of fees to access certain information. Many current and past credentials programs in the private sector have charged fees for access or membership. Such fees, comparable to a “poll tax,” run the risk of creating an Internet caste system, where certain government information is available only to those who can afford the credentials that are required for access.

Recommendations:

  1. All standards for adequate Internet credentials should be made public in order to enable development of free and anonymous credential programs for consumers.
  2. The government must be careful to avoid creating information cul--de--sacs, which would prevent universal access to information and contradict government policies of transparency and the Internet’s status as a free media.

Trusted Communications Based on the Transaction


Consumers can benefit from assurances regarding transactions that involve things of value, such as online purchases. Consumers can also benefit when sensitive personal information is exchanged—such as communications with medical professionals. However, the benefit to consumers can be lost if the purpose of the trusted exchange can be compromised without Constitutional protections guarded by well--‐established due process mechanisms.

Recommendations:


  1. Government proposals for credential systems must involve transparent and frank discussions with the Internet--‐using public.
  2. Government should engage in full disclosure of the motivations and rationales for online identity system proposals.
  3. Participation in online credential systems must be based on choice and not direct or indirect government coercion.
  4. Establish transparent legal processes in advance that provide a privacy protective framework for strong due process rights for Internet users.

Accountability of Government Agencies to Independent Oversight


There is a history of government engaging in unlawful surveillance activity.

Cybersecurity activity undertaken by the federal government must be carefully monitored. Congress must accept responsibility for ensuring that all cybersecurity measures, including any mandated credential requirements program, is not abused. In order to effectively ensure the security of the system, any policies should be subject to the independent oversight of an empowered and effective Privacy and Civil Liberties Oversight Board. This body must be funded sufficiently, and it is critically important that it be staffed with a diverse group of technical, policy, and legal experts to take on the challenges of monitoring federal government activity related to cybersecurity by both civilian and military authority. Cybersecurity efforts should also be subject to rigorous public and congressional reporting.4

The federal courts must continue to be a source of relief for citizens. The use of national security exceptions to stop court processes should be disallowed.

Further, the importance of whistleblowers, in both the public and private sectors, in keeping the credential system free from corruption, abuse, and misuse cannot be overstated.

Your time and attention these comments are appreciated. If you have questions or would like to engage in further discussions on the topic of credentials and online transactions, you may contact Lillie Coney, Associate Director, EPIC at 202-483-1140 x 111.

Sincerely,

Lillie Coney,
Associate Director
Electronic Privacy Information Center

Shahid Buttar,
Executive Director
Bill of Rights Defense Committee

Jessica McGilvray
Assistant Director
American Library Association

Sue Udry,
Executive Director
Defending Dissent Foundation

John W. Whitehead,
President
The Rutherford Institute

Michael Ostrolenk,
Executive Director
Liberty Coalition

Tracy Rosenberg,
Executive Director
Media Alliance

Alejandro Beutel,
Government Liaison
Muslim Public Affairs Council

Stephen Kohn,
Executive Director
National Whistleblower Center

James Landrith,
Founder
The Multiracial Activist

Lisa Graves,
Executive Director
Center for Media and Democracy

Dane vonBreichenruchardt,
President
U.S. Bill of Rights Foundation

Tom DeWeese,
President
American Policy Center

Deborah Pierce,
Executive Director
PrivacyActivisim

Scholars and Experts

Chip Pitts,
Lecturer in Law, Stanford Law School and Oxford University
President, Bill of Rights Defense Committee

Footnotes
1Cybersecurity Policy Working Group, Letter to Howard Schmidt, available at http://epic.org/privacy/cybersecurity/Cybersecurity_Letter_5--12-‐10.pdf, May 12, 2010
2White House, National Strategy for Trusted Identities in Cyberspace, June 25, 2010.
3EPIC, Bankruptcy of Verified Identity Pass and the Privacy of Clear Registered Traveler Data web page, available at http://epic.org/privacy/airtravel/clear/
4Cybersecurity Working Group, Letter to Howard Schmidt White House Coordinator, http://epic.org/privacy/cybersecurity/Cybersecurity_Letter_5-12-10.pdf , May 12, 2010

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Last Updated ( Saturday, 02 July 2011 )
 
TMA Joins EPIC-led Coalition Statement on NSTIC Policy Draft
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A Mixed Blog - From The Editor
Written by James A. Landrith   
Friday, 01 October 2010

From the good folks at EPIC:

EPIC, joined by the American Library AssociationLiberty CoalitionBill of Rights Defense Committee, and the Center for Media and Democracy, among others, sent a statement to the Department of Homeland Security responding to the Administration's call for comments regarding its National Strategy for Trusted Identities in Cyberspace Creating Options for Enhanced Online Security and Privacy (NSTIC) draft policy. The coalition's comments press the Administration for a clearer definition of the problems that the policy intends to solve. The coalition further advocates for the maintenance of a free and open Internet that protects the creative content of users, assures privacy, and creates accountability and oversight of government activity, especially as it relates to law enforcement and surveillance. For more, see EPIC's Cybersecurity and Privacy.

Relevant Links:

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Last Updated ( Saturday, 02 July 2011 )
 
The Roma Tragedy
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TMA Articles and Commentary - TMA Commentary and Essays
Written by Alvaro Vargas Llosa   
Wednesday, 22 September 2010

The Roma Tragedy 
September 22, 2010
Alvaro Vargas Llosa
Washington Post Writers Group

WASHINGTON—With Europe’s socioeconomic model in a state of decrepitude and the continent gripped by a crisis of confidence in the face of its shrinking role in a world increasingly slanted to the East, French President Nicolas Sarkozy thinks his country’s overriding 21st-century challenge is . . . a few thousand Roma, popularly known as Gypsies.

Sarkozy has spent the last few weeks dismantling Roma campsites and expelling their residents to Bulgaria and Romania, playing into the stereotypes that have made Gypsies the most despised minority in Europe. And he has rebuked criticism from the European Commission with the chutzpah one has come to expect from Iran’s Mahmoud Ahmadinejad, Venezuela’s Hugo Chavez or, indeed, France’s Jean-Marie Le Pen.

More than 8,000 Roma have been kicked out this year; an even greater number were deported, with less grandstanding, in 2009. Now Sarkozy has made this his overriding cause in the run-up to France’s assumption of the presidency of the Group of 20 largest economies. More importantly, he is trying to stir nationalist sentiment in preparation for the 2012 presidential election. He fears defeat at the hand of the Socialists—and being outflanked by the far-right National Front.

Sarkozy’s government lied when it told Viviane Reding, the EU’s justice commissioner, that the dismantling of the illegal campsites, which the president has denounced as breeding grounds for crime, and the mass expulsions were not specifically targeting Roma. We now know that on Aug. 5 a Ministry of the Interior circular expressly ordered the police to go after the Gypsies. Reding compared France’s policy to Nazi persecution of minorities. The passing reference served as a pretext for Sarkozy to turn a recent European summit into a shouting match in which, true to character, he outshouted everyone else, including the head of the European Commission and the president of the European Council. The French president and other members of his government have mocked Luxembourg, Reding’s home country.

Sarkozy has violated the Lisbon Treaty, which forbids the discrimination of groups based on culture or nationality and guarantees the free circulation of citizens across Europe. He has also placed a patina of legitimacy on something that resembles ethnic cleansing. Directing the police to go after a distinct minority, even on a small scale, is the kind of thing that the European Union was created to prevent after the nationalist horrors of the 1940s.

Are some Gypsies engaged in criminal activity? Certainly. Do some Roma cultural traits hamper their ability to assimilate? Most probably. Do they tend to cluster around camps where bad habits develop? Sometimes. But the United States, where there are no Gypsy ghettos, and Spain, where the Roma have assimilated reasonably well, indicate these are not insurmountable challenges.

The expelled Gypsies are European citizens. Both Bulgarian and Romanian citizens belong to the European Union, and the few labor restrictions that some member states still place on these nationals will be lifted in 2013. Absurdly, Romanians and Bulgarians can freely enter France but are not allowed to work unless they obtain an impossible permit. How exactly are these European citizens whom Sarkozy accuses of scrounging off France’s welfare and who are theoretical members of an integrated Europe supposed to earn a living legally?

With far-right groups polling well in the Netherlands, Austria and Italy, making inroads in Sweden and trying to exploit Sarkozy’s unpopularity in France, the French government has chosen the easiest, most vulnerable target to channel people’s fears and frustrations.

There is nothing new here. Gypsies left India 1,000 years ago, settled in the Near East and fanned across Europe in the 15th century. They have been the object of persecution and discrimination ever since. In the mid-18th century, Spain’s Ferdinand VI gave an order to “extinguish” their generation. In parts of Central Europe, they were enslaved until the 19th century. Under the Nazis, hundreds of thousands were indeed murdered. Even today, in the Central European countries where they constitute between 6 percent and 10 percent of the population, they are second-class citizens. A minority of them have migrated to the Western part of the European Union only to find that France and others offer few opportunities for social mobility and integration.

What Sarkozy is doing to a tiny minority of people who are the least of his problems is an act of populist barbarism.


Alvaro Vargas Llosa
Send email

Alvaro Vargas Llosa
 is Senior Fellow of The Center on Global Prosperity at The Independent Institute. He is a native of Peru and received his B.S.C. in international history from the London School of Economics. His weekly column is syndicated worldwide by the Washington Post Writers Group, and his Independent Institute books include Lessons From the Poor: Triumph of the Entrepreneurial SpiritThe Che Guevara Myth and the Future of Liberty, and Liberty for Latin America

Full Biography and Recent Publications

 


New from Alvaro Vargas Llosa!
LESSONS FROM THE POOR: Triumph of the Entrepreneurial Spirit

Half the people in the world live on two dollars or less per day and roughly 600 million live on no more than one dollar per day. With thousands of international relief organizations, strategic government programs, and billions of dollars in foreign aid, why do so many underdeveloped countries remain unable to grow their economies beyond mere survival? Learn More »»

 


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Coalition Letter on Constitution Annotated
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Advocacy and Letters - Letters to Government Agencies Signed by TMA
Written by Coalition   
Friday, 17 September 2010
September 17, 2010

The Honorable Charles E. Schumer
Chairman, Committee on Rules and Administration
305 Russell Senate Office Building
Washington, DC 20510

The Honorable Bob Bennett
Ranking Member, Committee on Rules and Administration
479 Russell Senate Office Building
Washington, DC 20510

The Honorable Robert A. Brady
Chairman, Committee on House Administration
1309 Longworth House Office Building
Washington, DC 20515

The Honorable Dan Lungren
Ranking Member, Committee on House Administration
1313 Longworth House Office Building
Washington, DC 20515

Dear Chairmen Schumer and Brady and Ranking Members Bennett and Lungren:

On the 223rd anniversary of the signing of the U.S. Constitution, we the undersigned organizations write to urge that the legal treatise Constitution Annotated be published online in XML format each time it is updated. The Constitution of the United States: Analysis and Interpretation, as it is formally known, is an invaluable resource for students, scholars, and others interested in learning how the U.S. Supreme Court interprets our nation’s governing document. Organized to explain the Constitution clause by clause, the Constitution Annotated has been continuously published for nearly 100 years and contains analysis of nearly 8,000 U.S. Supreme Court cases.

As you know, the Constitution Annotated is currently available online in plain text and PDF formats that do not allow readers to efficiently search, navigate, and electronically transform the text. Moreover, the Congressional Research Service regularly updates the Constitution Annotated and publishes revisions on the congressional intranet, but the public document is only updated every two years. Because CRS already maintains the document in XML format, it should not be difficult to publish each update on the internet when it occurs.

After the Sunlight Foundation’s letter of September 17, 2009 and Senator Feingold’s letter of October 28, 2009 on this topic, CRS and GPO held discussions regarding publication of the Constitution Annotated. GPO has stated that it is awaiting direction from the Senate. While we believe that CRS and GPO already have a mandate to publish the Constitution Annotated as we have requested and should do so now, we also urge the Senate Committee on Rules and Administration and/or the Committee on House Administration to reaffirm and direct that this vital resource be made available to the American people online as it is updated and in XML.

We welcome the opportunity to discuss this issue with us further. Please contact Daniel Schuman at the Sunlight Foundation at 202-742-1520 x 273 or This email address is being protected from spam bots, you need Javascript enabled to view it

With best regards,


Mary Alice Baish, American Association of Law Librarians

The Honorable Bob Barr

Christopher Finan, American Booksellers Foundation for Free Expression

Norm Ornstein, American Enterprise Institute

Lynne Bradley, American Library Association

Leslie Harris, Center for Democracy and Technology

J. Bradley Jansen, Center for Financial Privacy and Human Rights

Josh Tauburer, Civic Impulse, LLC

Tom Bruce, Cornell Legal Information Institute

Sue Udry, Defending Dissent Foundation

David Sobel, Electronic Frontier Foundation

John Richard, Essential Information

Ethel Sorokin, Freedom Projects

Mark Hicks, Friends of the U.S. Bill of Rights Foundation

Michael Ostrolenk, Liberty Coalition

Northern California Association of Law Libraries

Patrice McDermott, OpenTheGovernment.org

David Moore, Participatory Politics Foundation

Progressive Librarians Guild

James Landrith, The Multiracial Activist

Jerry Goldman, The Oyez Project

Ellen Miller, Sunlight Foundation

Dane vonBreichenruchard, U.S. Bill of Rights Foundation

cc: Daniel P. Mulhollan, Director, Congressional Research Service
Dr. James H. Billington, Librarian of Congress, Library of Congress
Robert C. Tapella, Public Printer of the United States, U.S. Government Printing Office

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